Owasco Town City Zoning Code
ARTICLE XV
Stormwater Management and Erosion and Sediment Control Requirements
§ 150-103 Purpose and intent.
The purpose of these regulations is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in the Town of Owasco. The Town finds that land development activities and associated increases in impervious cover often result in increased stormwater runoff rates and volumes that can cause flooding, stream channel erosion, and/or sediment transport and deposition. The intent of these regulations is to regulate land development activities by means of performance standards governing stormwater management and site design that will produce development compatible with the natural functions of a particular site and thereby mitigate the adverse effects of erosion and sedimentation from development.
§ 150-104 Applicability.
All land development activities subject to review and approval under site plan review (see Article V), special use permit approval (see Article VI), or major subdivision approval (see Article XVIII) shall be reviewed subject to the standards contained in this article.
§ 150-105 Exemptions.
A.
The following activities shall be exempt from stormwater management and erosion and sediment control review:
(1)
Agricultural activity as defined in this chapter.
(2)
Routine maintenance activities that disturb less 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.
(4)
Any part of a zoning permit, site plan, special use permit, or subdivision that has been approved on or before the effective date of this chapter.
(5)
Cemetery graves.
(6)
Installation of fence, sign, telephone, and electric poles, and other kinds of posts or poles.
(7)
Emergency activity immediately necessary to protect life, property, or natural resources.
§ 150-106 Definitions.
As used in this article, the following terms shall have the meanings indicated:
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
INDUSTRIAL STORMWATER PERMIT
A state pollutant discharge elimination system permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal, and urban runoff sources.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity, or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from a land development activity.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold water fisheries, swimming beaches, groundwater recharge areas, water supply reservoirs, and/or habitats for threatened, endangered, or special concern species.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES (GP-02-01)
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acre of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGE FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS (GP-02-02)
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP WORK ORDER
An order issued which requires that all construction activity on a site cease.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals, or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources, and the environment.
STORMWATER MANAGEMENT PRACTICES (SMP)
Measures, either structural or non-structural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground resulting from precipitation.
§ 150-107 Stormwater management and erosion and sediment control plan.
A.
Applicants for all land development activities subject to this article shall prepare and submit a stormwater management and erosion and sediment control plan (SWMESC), a local plan reviewed and approved by the Planning Board. Additional stormwater management and erosion and sediment control approvals may be required by the Cayuga County Soil and Water Conservation District, the New York State Department of Environmental Conservation, or other regional or state agencies possessing jurisdiction. No land development activity subject to this article shall be approved without an approved SWMESC. The SWMESC shall include 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 or construction drawings for the project, at no smaller than 1"=100' scale, including a general location map. At a minimum, the site map shall show the following:
(a)
Total site area.
(b)
All proposed improvements.
(c)
Areas of disturbance and areas that will not be disturbed.
(d)
Existing vegetation.
(e)
On-site and adjacent off-site surface waters, wetlands and drainage patterns that could be affected by the construction activity.
(f)
Existing and final proposed slops.
(g)
Locations of off-site material, waste, borrow, and/or equipment storage areas.
(h)
Location(s) of the stormwater discharge(s).
(i)
Description of the soil(s) present at the site.
(j)
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, not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
(k)
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.
(l)
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.
(m)
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 construction close-out.
(n)
A site map or construction drawing(s) specifying the location(s), size(s), and length(s) of each erosion and sediment control practice.
(o)
Dimensions, material specifications, and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
(p)
Temporary practices that will be converted to permanent control measures.
(q)
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.
(r)
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(s)
Name(s) of receiving water(s).
(t)
Delineation of SWMESC implementation responsibilities for each part of the site.
(u)
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.
(v)
Any existing data that describes the stormwater runoff at the site.
(3)
Technical standards. For the purposes of the SWMESC, 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:
(a)
The New York State Stormwater 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 State Standards and Specification for Erosion and Sediment Control (most current version or its successor).
B.
General requirements, standards, and findings. The SWMESC plan shall be evaluated by the deciding board based on the following criteria:
(1)
Erosion and sediment control. Effective sediment control measures for planning and construction of proposed developments shall be provided and shall apply the following principles as deemed appropriate:
(a)
The smallest practical area of soil shall be exposed (vegetation removed) at any one time during the development. No more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
(b)
When soil is exposed during development, the exposure shall be kept to the shortest practical period of time.
(c)
Temporary vegetation and other protective measures shall be used to protect critical areas exposed during development.
(d)
Sediment basins or debris basins (silting basins or silt traps) shall be installed and maintained to remove sediment from runoff waters on lands undergoing development.
(e)
Provision shall be made to effectively accommodate the increased runoff caused by changing soils and surface conditions during and after development by conveyance through filtration beds.
(f)
Permanent final vegetation and structures shall be installed as soon as practical in the development process.
(g)
The development plan shall use best practices to ensure that topography and exposure of soils minimize erosion potential.
(h)
Wherever feasible, natural vegetation shall be retained and protected.
(2)
Water quality treatment. Effective water quality treatment for construction and post-construction shall be provided and shall utilize the following best management practices as deemed appropriate and/or necessary:
(a)
Ponds. Ponds consist of practices that have either a permanent pool of water or a combination of permanent pool and extended detention capable of treating the water quality treatment volume.
[1]
Micro-pool extended detention pond. A pond that treats the majority of the water quality volume through extended detention and incorporates a micro-pool at the outlet of the pond to prevent sediment resuspension.
[2]
Wet pond. A pond that provides storage for the entire water quality volume in the permanent pool.
[3]
Wet extended detention pond. A pond that treats a portion of the water quality volume by detaining storm flows above a permanent pool for a specified minimum detention time.
[4]
Multiple pond system. A group of ponds that collectively treat the water quality volume.
[5]
Pocket pond. A stormwater wetland design adapted for the treatment of runoff from small drainage areas that has little or no baseflow available to maintain water elevations and relies on groundwater to maintain a permanent pool.
(b)
Wetlands. Wetlands consist of practices that include significant shallow marsh areas and may also incorporate small permanent pools and extended detention storage to achieve the full water quality treatment volume.
[1]
Shallow wetland. A wetland that provides water quality treatment entirely in a shallow marsh.
[2]
Extended detention wetland. A wetland system that provides some fraction of the water quality volume by detaining storm flows above the marsh surface.
[3]
Pond/wetland system. A wetland system that provides a portion of the water quality volume in the permanent pool of a wet pond that precedes the marsh for a specified minimum detention time.
[4]
Pocket wetland. A shallow wetland design adapted for the treatment of runoff from small drainage areas that has variable water levels and relies on groundwater for its permanent pool.
(c)
Infiltration. Infiltration techniques consist of practices that capture and temporarily store the water quality treatment volume before allowing it to infiltrate into the soil.
[1]
Infiltration trench. An infiltration practice that stores the water quality volume in the void spaces of a gravel trench before it is infiltrated into the ground.
[2]
Infiltration basin. An infiltration practice that stores the water quality volume in a shallow depression before it is infiltrated into the ground.
[3]
Dry well. An infiltration practice similar in design to an infiltration trench, and best suited for treatment of rooftop runoff.
(d)
Filtering practices. Filtering practices capture and temporarily store the water quality treatment volume and pass it through a filter bed of sand, organic matter, soil, or other acceptable treatment media.
[1]
Surface sand filter. A filtering practice that treats stormwater by settling out larger particles in a sediment chamber and then filtering stormwater through a sand matrix.
[2]
Underground sand filter. A filtering practice that treats stormwater as it flows through underground settling and filtering chambers.
[3]
Permanent sand filter. A filter that incorporates a sediment chamber and filter bed as parallel vaults adjacent to a parking lot.
[4]
Organic filter. A filtering practice that uses an organic medium such as compost in the filter 6 in place of sand.
[5]
Bioretention. A shallow depression that treats stormwater as it flows through a soil matrix and is returned to the storm drain system (commonly known as "rain gardens").
(e)
Open channels. Open channel practices are explicitly designed to capture and treat the full water quality treatment volume within dry or wet cells formed by check dams or other means.
[1]
Dry swale. An open drainage channel or depression explicitly designed to detain and promote the filtration of stormwater runoff into the soil media.
[2]
Wet swale. An open drainage channel or depression designed to retain water or intercept groundwater for water quality treatment.
C.
Inspection and maintenance. All erosion and sediment control measures shall be periodically inspected by the Code Enforcement Officer and shall be maintained by the applicant or their successors in conformance with an approved schedule, so as to ensure effective operating conditions until such time as they are removed.