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Town of Geddes, NY
Onondaga County
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Table of Contents
Table of Contents
[Amended 9-11-2012 by L.L. No. 4-2012]
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.
A. 
All SWPPPs shall provide the following background information and erosion and sediment controls:
(1) 
Background information about the scope of the project, including location, type and size of project;
(2) 
Site map/construction drawing(s) for the project, including a general location map with a scale no smaller than one inch equals 100 feet; contour intervals with a minimum of 10 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 discharges(s); locations or known presence of agricultural tile drains or other existing features that cause artificial drainage of the site and their impact on the hydrology;
(3) 
Description of the soil(s) present at the site;
(4) 
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) 
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) 
Description and volume 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) 
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) 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
(9) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
(10) 
Temporary practices that will be converted to permanent control measures;
(11) 
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) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
(13) 
Name(s) of the receiving water(s);
(14) 
Delineation of SWPPP implementation responsibilities for each part of the site;
(15) 
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;
(16) 
Any existing data that describes the stormwater runoff at the site;
(17) 
A description and location of any stormwater discharges associated with industrial activity other than construction at the site, including, but not limited to, stormwater discharges from asphalt plants and concrete plants located on the construction site;
(18) 
Identification of any elements of the design that are not in conformance with the requirements in the most current version of the technical standard, New York State Standards and Specifications for Erosion and Sediment Control. Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standards;
(19) 
Identification of any elements of the design that are not in conformance with The New York State Stormwater Management Design Manual (hereinafter the "Design Manual"). Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standards;
(20) 
A detailed summary (including calculations) of the sizing criteria that was used to design all post-construction stormwater management practices. At a minimum the summary shall address the required design criteria from the applicable chapter of the Design Manual, including the identification of and justification for any deviations from the Design Manual, and identification of any design criteria that are not required based on the design criteria or waiver criteria included in the Design Manual.
B. 
Land development activities as defined in § 183-4 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 Subsection C below as applicable:
(1) 
Condition A: Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's most recent 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) 
Condition B: Stormwater runoff from land development activities disturbing five or more acres.
(3) 
Condition C: Stormwater runoff from single-family residential subdivisions with twenty-five-percent or greater impervious cover at total site build-out and not located in one of the total maximum daily load (TMDL) designated watersheds and not directly discharged to one of the Department's most recent 303(d) list of impaired waters.
C. 
SWPPP Requirements for Conditions A, B and C:
(1) 
All information in Subsection A 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) 
Map showing watershed area used for hydrological and hydraulic analyses;
(5) 
All references for data;
(6) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(7) 
Comparison of post-development stormwater runoff conditions with predevelopment conditions;
(8) 
Dimensions, material specifications and installation details for each post-construction stormwater management practice;
(9) 
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
(10) 
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;
(11) 
Inspection and maintenance plan binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Article II, § 183-12 of this chapter. Said plan shall include inspection and maintenance schedules and actions to ensure continuous and effective operation of each post-construction stormwater management practice, and said plan shall identify the entity that will be responsible for the long-term operation and maintenance of each practice; and
(12) 
The SWPPP shall be prepared by a qualified professional 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 activity prior to approval of the final stormwater design plan.
A. 
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 hereby certify that I understand and agree to comply with the terms and conditions of the SWPPP and agree to implement any corrective actions identified by the qualified inspector during a site inspection. I also understand that the owner or operator must comply with the terms and conditions of the most current version 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. Furthermore, I understand that certifying false, incorrect or inaccurate information is a violation of the referenced permit and the laws of the State of New York and could subject me to criminal, civil and/or administrative proceedings."
(1) 
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.
(2) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
(3) 
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 article:
(1) 
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) 
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, most current version or its successor, hereafter 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 qualified professional that is knowledgeable in the principles and practices of stormwater management and treatment.
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 or cause a violation of New York State water quality standards.
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) 
Prior to the commencement of construction activity, the owner or operator must identify the contractor(s) and subcontractor(s) that will be responsible for installing, constructing, repairing, replacing, inspecting and maintaining the erosion and sediment control practices included in the SWPPP and the contractor(s) and subcontractor(s) that will be responsible for constructing the post-construction stormwater management practices included in the SWPPP. The owner or operator shall have each of the contractors and subcontractors identify at least one person from their company that will be responsible for implementation of the SWPPP. This person must be a trained contractor. The owner or operator shall ensure that at least one trained contractor is on site on a daily basis when soil disturbance activities are being performed.
(3) 
For construction sites where soil disturbance activities are ongoing, the qualified inspector shall conduct a site inspection at least once every seven calendar days.
(4) 
For construction sites where soil disturbance activities are ongoing and the owner or operator has received authorization to disturb greater than five acres of soil at any one time, the qualified inspector shall conduct at least two site inspections every seven calendar days. The two inspections shall be separated by a minimum of two full calendar days
(5) 
For construction sites where soil disturbance activities have been temporarily suspended (e.g., winter shutdown) and temporary stabilization measures have been applied to all disturbed areas, the qualified inspector shall conduct a site inspection at least once every 30 calendar days. The owner or operator shall notify the Stormwater Management Officer in writing prior to reducing the frequency of inspections.
(6) 
For construction sites where soil disturbance activities have been shut down with partial project completion, the qualified inspector can stop conducting inspections if all areas disturbed as of the project shutdown date have achieved final stabilization and all post-construction stormwater management practices required for the completed portion of the project have been constructed in conformance with the SWPPP and are operational. The owner or operator shall notify the Stormwater Management Officer in writing prior to the shutdown. If soil disturbance activities are not resumed within two years from the date of shutdown, the owner or operator shall have the qualified inspector perform a final inspection and certify that all disturbed areas have achieved final stabilization, and all temporary, structural erosion and sediment control measures have been removed, and that all post- construction stormwater management practices have been constructed in conformance with the SWPPP by signing the final stabilization and post-construction stormwater management practice certification statements on the notice of termination.
(7) 
The applicant or developer or their 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.
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 Town of Geddes 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 Town of Geddes.
C. 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this law shall ensure they are operated and maintained to achieve the goals of this law. 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 law.
(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 § 183-11C.
D. 
Maintenance agreements.
(1) 
The Town of Geddes 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 in a form acceptable to the Town.
(2) 
The Town of Geddes, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility and creation of a drainage district, 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. 
The owner or operator must keep the SWPPP current so that it at all times accurately documents the erosion and sediment control practices that are being used or will be used during construction and all post-construction stormwater management practices that will be constructed on the site. At a minimum, the owner or operator shall amend the SWPPP:
(1) 
Whenever the current provisions prove to be ineffective in minimizing pollutants in stormwater discharges from the site;
(2) 
Whenever there is a change in design, construction or operation at the construction site that has or could have an effect on the discharge of pollutants; and
(3) 
To address issues or deficiencies identified during an inspection by the qualified inspector, the Department or other regulatory authority.
B. 
The owner or operator shall notify the Stormwater Management Officer in writing of any planned amendment or modifications to the post-construction stormwater management practice component of the SWPPP. Unless otherwise notified by the Stormwater Management Officer, the owner or operator shall have the SWPPP amendments or modifications reviewed and accepted by the Stormwater Management Officer prior to commencement of construction of the post-construction stormwater management practice.
C. 
When property ownership changes or when there is a change in operational control over the construction plans and specifications, the original owner or operator must notify the new owner or operator, in writing, of the requirement to obtain permit coverage by submitting a notice of termination (NOT) to the Department. Once the new owner or operator obtains permit coverage, the original owner or operator shall then submit a completed notice of termination (NOT) with the name and permit identification number of the new owner or operator to the Department. If the original owner or operator maintains ownership of a portion of the construction activity and will disturb soil, they must maintain their coverage under the permit.
D. 
Prior to termination of any SPDES permit obtained in accordance with this chapter, the owner or operator shall have the Stormwater Management Officer sign the MS4 acceptance statement on the NOT. Prior to signing this statement, the Stormwater Management Officer shall determine that it is acceptable for the owner or operator to submit the NOT in accordance with the requirements of the applicable SPDES permit. The Stormwater Management Officer can make this determination by performing a final site inspection himself or by accepting the qualified inspector's final site inspection certificate(s).