[L.L. No. 2-2007, § 1]
It is hereby determined that:
(1)
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition.
(2)
This stormwater runoff contributes to increased
quantities of water-borne pollutants, including siltation of aquatic
habitat for fish and other desirable species.
(3)
Clearing and grading during construction tends
to increase soil erosion and add to the loss of native vegetation
necessary for terrestrial and aquatic habitat.
(4)
Improper design and construction of stormwater
management practices can increase the velocity of stormwater runoff
thereby increasing stream bank erosion and sedimentation.
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow.
(6)
Substantial economic losses can result from these
adverse impacts on the waters of the municipality.
(7)
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
(8)
The regulation of stormwater runoff discharges
from land development activities in order to control and minimize
increases in stormwater runoff rates and volumes, soil erosion, stream
channel erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety.
(9)
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
[L.L. No. 2-2007, § 1]
(a)
The purpose of this subchapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the public residing within this jurisdiction and to address the findings of fact in Section 14 1/2-161 hereof.
(b)
This subchapter seeks to meet those purposes by
achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and
5 of the SPDES general permit for stormwater;
(2)
Require land development activities to conform
to the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
general permit for construction activities GP-02-01 or as amended
or revised;
(3)
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
(4)
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
(5)
Minimize the total annual volume of stormwater
runoff which flows from any specific site during and following development
to the maximum extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil
erosion and nonpoint source pollution, wherever possible, through
stormwater management practices and to ensure that these management
practices are properly maintained and eliminate threats to public
safety.
[L.L. No. 2-2007, § 1]
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the City Council of the City of Poughkeepsie
has the authority to enact local laws and amend local laws and, for
the purpose of promoting the health, safety or general welfare of
the City of Poughkeepsie and for the protection and enhancement of
its physical environment. The City Council of the City of Poughkeepsie
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.
[L.L. No. 2-2007, § 1]
(a)
This subchapter shall be applicable to all land
development activities as defined in this subchapter.
(b)
The municipality shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention
plans and forward such plans to the applicable municipal board. The
Stormwater Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the City Council of the City of
Poughkeepsie, engage the services of a registered professional engineer
to review the plans, specifications and related documents at a cost
not to exceed a fee schedule established by said governing board;
or
(3)
Accept the certification of a licensed professional
that the plans conform to the requirements of this subchapter.
(c)
All land development activities subject to review
and approval by the City of Poughkeepsie under subdivision, site plan,
and/or special permit regulations shall be reviewed subject to the
standards contained in this subchapter.
[L.L. No. 2-2007, § 1]
The following activities may be exempt from review under this
subchapter:
(1)
Agricultural activity, as defined in this subchapter.
(2)
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 facility.
(3)
Repairs to any stormwater management practice or
facility deemed necessary by the Stormwater Management Officer.
(4)
Any part of a subdivision if a plat for the subdivision
has been approved by the City of Poughkeepsie on or before the effective
date of this subchapter.
(5)
Land development activities for which a building
permit has been approved on or before the effective date of this subchapter.
(6)
Cemetery graves.
(7)
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
(8)
Emergency activity immediately necessary to protect
life, property, or natural resources.
(9)
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.
(10)
Landscaping and horticultural activities in connection
with an existing structure.
[L.L. No. 2-2007, § 1]
(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 subchapter.
(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 discharge(s);
c.
Description of the soil(s) present at this 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 drawings(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 as defined in Section 14 1/2-161 of this article and meeting Condition A, B, or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection (b)(3) below, as applicable:
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) designed watershed for which pollutants in stormwater
have been identified as a source of the impairment.
| |
Condition B: Stormwater runoff from land development activities
disturbing five or more acres.
| |
Condition C: Stormwater runoff from a land development activity
disturbing between one and five acres of land during the course of
the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
|
(3)
SWPPP requirements for Conditions A, B and C:
a.
Contents.
1.
All information in Subsection (b)(1) of this section.
2.
Description of each post-construction stormwater
management practice.
3.
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each post-construction stormwater management
practice.
4.
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
5.
Comparison of post-development stormwater runoff
conditions with predevelopment conditions.
6.
Dimensions, material specifications and installation
details for each post-construction stormwater management practice.
7.
Maintenance schedule to ensure continuous and effective
operation of each post-construction stormwater management practice.
8.
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.
9.
Inspection and maintenance agreement binding on
all subsequent landowners served by the on-site stormwater management
measures in accordance with this subchapter.
b.
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 meets the requirements
in this subchapter.
(c)
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.
(d)
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.
(e)
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.
[L.L. No. 2-2007, § 1]
All land development activities shall be subject to the following
performance and design criteria:
(1)
Technical standards. For the purpose
of this subchapter, 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 subchapter.
a.
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").
b.
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,
hereafter referred to as the "Erosion Control Manual").
(2)
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 Section 14 1/2-167(1) and the SWPPP shall be prepared by a licensed professional.
(3)
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.
[L.L. No. 2-2007, § 1]
(a)
Maintenance during construction.
(1)
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 subchapter. Sediment shall be removed
from sediment traps or sediment ponds whenever their design capacity
has been reduced by 50%.
(2)
The applicant or developer or his or 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. Inspection reports shall be
completed every seven days and within 24 hours of any storm event
producing 0.5 inch of precipitation or more. The reports shall be
delivered to the Stormwater Management Officer and also copied to
the site log book.
(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 City of Poughkeepsie to ensure that the facility
is maintained in proper working condition to meet design standards
and any other provisions established by this subchapter. The easement
shall be recorded by the grantor in the office of the County Clerk
after approval by the Counsel for the City of Poughkeepsie.
(c)
Maintenance after construction. The owner or operator of permanent stormwater management practices
installed in accordance with this subchapter shall ensure they are
operated and maintained to achieve the goals of this subchapter. 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 subchapter.
(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 Section 14 1/2-167(3).
(d)
Maintenance agreements. The City
of Poughkeepsie 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 subchapter entitled
"Sample Stormwater Control Facility Maintenance Agreement."[1] The City of Poughkeepsie, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided that such facility meets
all the requirements of this subchapter and includes adequate and
perpetual access and sufficient area, by easement or otherwise, for
inspection and regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
[L.L. No. 2-2007, § 1]
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this subchapter shall be judged invalid by
a court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this subchapter.
[L.L. No. 2-2007, § 1]
(a)
Erosion and sediment control inspection.
(1)
The City of Poughkeepsie Stormwater Management
Officer may require such inspections as necessary to determine compliance
with this subchapter 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 subchapter and the stormwater pollution
prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the City of Poughkeepsie 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 violations
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 Poughkeepsie 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 of 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 City
of Poughkeepsie Stormwater Management Officer may require monitoring
and reporting from entities subject to this subchapter as are necessary
to determine compliance with this subchapter.
(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 City of Poughkeepsie the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection (a).
[L.L. No. 2-2007, § 1]
(a)
Construction completion guaranteed. In order to ensure the full and faithful completion of all land
development activities related to compliance with all conditions set
forth by the City of Poughkeepsie in its approval of the stormwater
pollution prevention plan, the City of Poughkeepsie 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 City of Poughkeepsie as the beneficiary.
The security shall be in an amount to be determined by the City of
Poughkeepsie 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 Poughkeepsie, provided that such period shall not be
less than one year from the date of final acceptance or such other
certifications that the facility(ies) 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 of Poughkeepsie. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
(b)
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 Poughkeepsie 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 and sediment control facilities, the City of Poughkeepsie
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
(c)
Recordkeeping. The City of Poughkeepsie
may require entities subject to this subchapter; to maintain records
demonstrating compliance with this subchapter.
[L.L. No. 2-2007, § 1]
(a)
Notice of violation. When the
City of Poughkeepsie determines that a land development activity is
not being carried out in accordance with the requirements of this
subchapter, it may issue a written notice of violation to the landowner.
The notice of violation shall contain:
(1)
The name and address of the landowner, developer
or applicant.
(2)
The address, when available, or description of
the building, structure or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary
to bring the land development activity into compliance with this subchapter
and a time schedule for the completion of such remedial action.
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed.
(6)
A statement that the determination of violation
may be appealed to the municipality by filing a written notice of
appeal within 15 days of service of notice of violation.
(b)
Stop-work orders. The City of
Poughkeepsie may issue a stop-work order for violations of this subchapter.
Persons receiving a stop-work order shall be required to halt all
land development activities, except those activities that address
the violations leading to the stop-work order. The stop-work order
shall be in effect until the City of Poughkeepsie 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, or monetary penalties
in accordance with the enforcement measures authorized in this subchapter.
(c)
Violations. Any land development
activity that is commenced or is conducted contrary to this subchapter,
may be restrained by injunction or otherwise abated in a manner provided
by law.
(d)
Penalties. In addition to or as
an alternative to any penalty provided herein or by law, any person
who violates the provisions of this subchapter shall be guilty of
a violation punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense; for conviction of a second offense, both of which are committed
within a period of five years, punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed
15 days, or both; and upon conviction for a third or subsequent offense
all of which were committed within a period of five years, punishable
by a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate additional violation.
(e)
Withholding certificate of occupancy. If any building or land development activity is installed or conducted
in violation of this subchapter, the Stormwater Management Officer
may prevent the occupancy of said building or land.
(f)
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 the notice, the City of Poughkeepsie may take necessary corrective
action, the cost of which shall become a lien upon the property until
paid.
[L.L. No. 2-2007, § 1]
The City of Poughkeepsie may require any person undertaking
land development activities regulated by this subchapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the City of Poughkeepsie.