§ 289-9 Chapter 289 Stormwater Management

Stormwater pollution prevention plan requirements.

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A. The Town of Webster's Public Works Department shall designate a Stormwater Management Officer who shall accept and review all SWPPPs and forward such plans to the applicable municipal board. A consultant cannot be appointed as a Stormwater Management Officer. The Stormwater Management Officer may review the plans; upon approval by the Town Board, engage the services of a New York State licensed 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 accept the certification of a licensed/certified professional that the plans conform to the requirements of this article.B.

Prior to final approval of a land disturbance activity, a SWPPP shall be prepared by the applicant in accordance with the specifications outlined by the Town of Webster's Public Works Department and submitted to the Stormwater Management Officer designated by the Town of Webster for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 289-2 of this article. The final plan must be signed by a New York State licensed professional engineer (PE) who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meet the requirements outlined in the Town of Webster's Design Criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Town of Webster's Public Works Department.C.

The requirements to have a SWPPP prepared by a qualified professional and to have the final plan signed and certified by a New York State licensed professional engineer (PE) are not applicable to land disturbance activities that meet technical standards and are five acres or less occurring on a single-family residence, which is not part of a larger common plan of development, or an agricultural property. In addition, these land disturbance activities must not discharge directly to a 303(d) impaired water body or must not be located in a total maximum daily load (TMDL) watershed.D. Minimum requirements.

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 and contact information that includes the name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the subject property or properties.(2) Site map/construction drawing(s) for the project, including a general location map and a minimum of one-inch-equals-one-hundred-feet topographic base map of the site which extends a minimum of 100 feet beyond the limits of the proposed development.

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), including receiving waters, streams, ponds, culverts, ditches, and wetlands as well as drainage patterns that could be affected by the construction activity; existing and final slopes; locations of utilities, roads, soils types, forest cover, and significant natural and man-made features not otherwise shown; locations of off-site material, waste, borrow or equipment storage areas, proposed concrete cleanout basin(s) and construction entrance; and location(s) of the stormwater discharges(s); and resources protected under other chapters of this Code or by easements.(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, final grading and landscaping, and any other activity at the site that results in soil disturbance.

Sequencing shall identify the expected date on which clearing will begin and the estimated duration of exposure of cleared areas. Consistent with the New York State Standards and Specifications for Erosion and Sediment Control, not more than one acre shall be disturbed at any one time unless pursuant to an approved SWPPP and a letter of permission from the NYSDEC.(5) A description of the pollution prevention measures that will be used to control litter and prevent construction chemicals and construction debris from becoming a pollutant source in the stormwater discharges; a description of construction and waste materials expected to be stored on site with updates as appropriate; a description of controls that will be implemented to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater; and a description of spill prevention and response measures.(6) A description of the 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 disturbance to project closeout, including who will be responsible for the maintenance and implementation of said features at the site and what practices will be employed to ensure that adequate vegetative cover is established and preserved.

For temporary and permanent vegetative control measures, the seeding mixtures and rates, types of sod, method of seedbed preparation, depth of topsoil, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching shall be provided.(7) A site map/construction drawing specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;(8) Illustration of all necessary erosion and sediment control measures, including the siting and sizing of any temporary sediment basins, and providing the dimensions, material specifications and installation details for each throughout all phases of construction and completion of development of the site.

Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.(9) Identification of all temporary practices that will be converted to permanent control measures.(10) 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.(11) Identification of the parts or components of the SWPPP that require maintenance. Furthermore, it shall also provide a schedule of required maintenance and identify the party responsible for such work.

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(12) Any existing data that describes the stormwater runoff at the site.(13) Assurance that all other applicable environmental permits have been acquired for the site prior to initial land disturbance. Copies of the applicable environmental permits shall be provided to the Town of Webster's Public Works Department.(14) Assurance that the applicant or his or her responsible individual shall be on site at all times when earthwork takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.(15) Assurance that all contractors and subcontractors involved in soil disturbance and/or stormwater management practice installation and maintenance shall be identified in the SWPPP.

All such contractors and subcontractors shall sign a copy of the following certification statement before undertaking any land disturbance activity at the site: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the SWPPP. I also understand that it is unlawful for any person to cause or contribute to a violation of the water quality standards." 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.

The certification statement must be included in the SWPPP.E. Modifications to plan after approval. Major amendments of the SWPPP shall be submitted to the Town of Webster's Public Works Department and shall be approved or disapproved.(1) The applicant shall amend the SWPPP whenever:(a) There is a significant change in design, construction, operation, or maintenance which may have a significant effect on the potential for the discharge of pollutants to the waters of the United States and which has not otherwise been addressed in the SWPPP; or(b) The SWPPP proves to be ineffective in providing the proper stormwater pollution prevention and erosion and sediment control as required by this article.

Amendments to the SWPPP may be reviewed by the Town of Webster's Public Works Department. A copy of the newly amended SWPPP must be provided to the Town of Webster's Public Works Department within five business days.(2) Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP. The Town of Webster's Public Works Department may request copies of signed contractor certification statements from new contractors/subcontractors working on the site.(3) Field modifications of a minor nature may be authorized by the Town of Webster's Public Works Department by written authorization to the applicant.

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