No application for approval of a land development or redevelopment
activity shall be reviewed until the Planning Board or SMO has received
a stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications in this article.
A.Â
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)Â
Background information about the scope of the project, including
location, type and size of project;
(2)Â
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 should be at a scale
no smaller than one inch equals 100 feet;
(3)Â
Description of the soil(s) present at the site;
(4)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;
(5)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;
(6)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;
(7)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;
(8)Â
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice;
(9)Â
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the siting and
sizing of any temporary sediment basins;
(10)Â
Temporary practices that will be converted to permanent control
measures;
(11)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;
(12)Â
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(13)Â
Name(s) of the receiving water(s);
(14)Â
Delineation of SWPPP implementation responsibilities for each
part of the site;
(15)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
(16)Â
Any existing data that describes the stormwater runoff at the
site.
B.Â
Land development or redevelopment activities as defined in § 226-6 of this chapter 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 § 226-8C below as applicable:
(1)Â
Condition A: stormwater runoff from land development or redevelopment
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.
(2)Â
Condition B: stormwater runoff from land development or redevelopment
activities disturbing five or more acres.
(3)Â
Condition C: stormwater runoff from land development or redevelopment
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.
C.Â
SWPPP requirements for Condition A, B and C:
(2)Â
Description of each post-construction stormwater management practice;
(3)Â
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(4)Â
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms;
(5)Â
Comparison of post-development stormwater runoff conditions with
predevelopment conditions;
(6)Â
Dimensions, material specifications and installation details for
each post-construction stormwater management practice;
(7)Â
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(8)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;
(9)Â
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Article IV of this chapter; and
(10)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.
The applicant shall assure that all other applicable environmental
permits have been or will be acquired for the land development or
redevelopment activity prior to approval of the final stormwater design
plan.
A.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 or redevelopment
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."
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.
D.Â
A copy of the SWPPP shall be retained at the site of the land development
or redevelopment activity during construction from the date of initiation
of construction activities to the date of final stabilization.