No person shall commence or carry out any major land development
activity in the Town of Mamaroneck without first obtaining a stormwater
pollution prevention permit from the Building Department and all other
necessary municipal permits.
A.
An application for a stormwater pollution prevention permit shall
be made on forms provided by the Stormwater Management Officer.
B.
Each application shall include a stormwater pollution prevention
plan and a certification by the applicant's expert that the major
land development activity shall be done in accordance with the approved
plan. The Stormwater Management Officer shall review all stormwater
pollution prevention plans and forward such plans to the applicable
municipal board.
C.
All major land development activities subject to review and approval
by the Town of Mamaroneck Planning Board, Board of Appeals or Town
Board shall be reviewed in accordance with the standards contained
in this article.
D.
All major land development activities not subject to review by either
the Town of Mamaroneck Planning Board, Board of Appeals or Town Board
shall be reviewed by the Stormwater Management Officer, who shall
approve the application if it complies with the requirements of this
article.
E.
Any modification of a plan shall be submitted to the Stormwater Management
Officer and shall be processed and approved or disapproved, in the
same manner as the original plan. Modifications of a minor nature
may be authorized by the Stormwater Management Officer without the
submission of modified plans.
F.
By accepting the permit the applicant agrees to allow the Town to
enter upon the property to inspect the work and to perform remedial
measures when authorized by this chapter to do so.
The following information shall be shown on a stormwater pollution
prevention plan unless otherwise noted:
A.
All of the items listed in § 95-10 and all of the items required in order to obtain coverage under the SPDES general permit for construction activities GP-0-10-001. In addition, 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 the project;
(2)
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);
(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 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 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 closeout;
(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; and
(16)
Any existing data that describes the stormwater runoff at the
site.
B.
A major land development activity meeting Condition A below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 95-14C:
Condition A: stormwater runoff discharging a pollutant of concern
to either an impaired water identified on the New York State Department
of Environmental Conservation'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.
C.
SWPPP requirements for Condition A:
(1)
Description of each post-construction stormwater management practice;
(2)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(3)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms;
(4)
Comparison of post-development stormwater runoff conditions with
pre-development conditions;
(5)
Dimensions, material specifications and installation details for
each post-construction stormwater management practice;
(6)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(7)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair, and
such easements shall be recorded on the plan and shall remain in effect
with transfer of title to the property; and
D.
Plan certification. The SWPPP shall be prepared by the applicant's
expert 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 article.
E.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the major land development activity.
F.
Contractor certification.
(1)
Each contractor and subcontractor 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 major 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 major land development activity.
G.
Retention of SWPPP on site. A copy of the SWPPP shall be retained
at the site of the major land development activity during construction
and made available to the Town and NYSDEC from the date of initiation
of construction activities to the date of final stabilization.
A.
Maintenance during construction.
(1)
The applicant or developer of the major 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 article. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)
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. The professional's
reports shall be delivered to the Stormwater Management Officer, copied
to the site log book and must be kept on site and made available to
NYSDEC and the Town.
B.
As-built plans. 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.
Maintenance easements. 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
Mamaroneck to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the counsel for the
Town of Mamaroneck.
D.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall operate and maintain the stormwater management practices
to achieve the goals of this article. Proper operation and maintenance
also includes, at 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 article;
(2)
Written procedures for operation and maintenance and training new
maintenance personnel; and
E.
Inspection of stormwater facilities after project completion. Inspection
programs shall be established by the Stormwater Management Officer
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.
