Uncontrolled drainage and runoff associated with land development activity has a significant impact upon the health, safety and welfare of the community.

Eroded soil endangers water resources by reducing water quality and causing the silting of streams, lakes and other water bodies, adversely affecting aquatic life.

Stormwater runoff and sediment transports pollutants such as heavy metals, hydrocarbons, nutrients and bacteria to water resources, degrading water quality.

Eroded soil necessitates repair and accelerates the maintenance needs of stormwater management facilities.

Clearing, grading and altering natural topography during construction tends to increase erosion.

Improper design and construction of drainage facilities can increase the velocity of runoff, thereby increasing stream bank erosion and sedimentation.

Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.

Improperly managed stormwater runoff can increase the incidence of flooding and the severity of floods that occur, endangering property and human life.

Substantial economic losses can result from these adverse impacts.

Stormwater runoff, soil erosion, and non-point source pollution can be controlled and minimized through the regulation of land development activities.

Minimize soil erosion and sedimentation on streams, water bodies, and neighboring properties.

Avoid excessive and/or unnecessary tree and vegetation removal.

Minimize air quality degradation that can occur as a result of windblown soil associated with properties being cleared and graded for development.

Maintain the integrity of watercourses and sustain their hydrologic functions.

Prevent increases in the magnitude and frequency of stormwater runoff to prevent an increase in flood flows and the hazards and costs associated with flooding.

Prevent decreases in groundwater recharge and stream base flow to maintain aquatic life, assimilative capacity, and water supplies.

Facilitate the removal of pollutants in stormwater runoff to perpetuate the natural biological function of water bodies.

No SWPPP is required by this Code for the following exempt activities:

Applicants must also obtain all other permits required by state, federal, and local laws. Whenever the particular circumstances of a proposed land development activity require compliance with special use, site plan, or subdivision procedures of the Town of Rotterdam, the Planning Commission should make every effort possible to integrate the requirements prescribed herein as appropriate and determine the adequacy of the SWPPP.

No application for a land development activity permit, special permit or site plan approval shall be approved until the appropriate board and/or department has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications contained herein.

For land development activity not subject to special permit, site plan, or subdivision requirements, the Stormwater Management Officer and/or his or her designee shall review the SWPPP to determine its completeness and conformance with the provisions herein. Within 30 days of receipt of a SWPPP, the Stormwater Management Officer and/or his or her designee shall make a determination as to whether it is complete. If it is deemed not complete, the Stormwater Management Officer and/or his or her designee shall notify the applicant in writing as to the deficiencies in the plan and the requirements for completeness. Within 30 days after receiving a complete plan, the Stormwater Management Officer and/or his or her designee, shall, in writing:

Failure of the Stormwater Management Officer and/or his or her designee to act on a complete original or revised application within 30 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the Town. Pending preparation and approval of a revised plan, land development activities shall not be allowed to proceed. Nothing herein shall relieve an applicant's need to obtain a building permit or other approvals as required by the Town Code.

For projects subject to special permit, site plan, or subdivision requirements, the DPW shall refer the application to the Town Planning Commission for incorporation into the required review process. The Stormwater Management Officer and/or his or her designee shall determine the completeness of the SWPPP. For projects subject to subdivision requirements, preliminary approval shall not be granted until the Planning Commission has received a SWPPP prepared in accordance with the specifications contained herein.

In its review of the plan, the Stormwater Management Officer may consult with the Town Designated Engineer, the Schenectady County Soil and Water Conservation District, the New York State Department of Environmental Conservation, or any other appropriate agency or firm qualified in the review and/or design of stormwater management and erosion control plans.

The SWPPP shall include the following:

For major projects, the following shall also be provided:

The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer. The SWPPP must be signed by the professional preparing the plan, who shall make the following certification:

For major projects, the licensed/certified professional, or his or her designee, who prepared the SWPPP shall be on site upon commencement of clearing and grading, and shall certify that all erosion and sediment control measures have been installed in accordance with the plan. Such certification shall be submitted to the Town of Rotterdam Stormwater Management Officer. In addition, a licensed/certified professional shall be on site on all days when construction or grading activity takes place.

The permittee shall amend the SWPPP whenever 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 as determined by the licensed/certified professional, the Stormwater Management Officer and/or his or her designee, or the NYS Department of Environmental Conservation.

The SWPPP shall be amended if it proves to be ineffective in:

Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP. Amendments to the SWPPP shall be processed and approved or disapproved in the same manner as in Subsection E of this section by written authorization to the permittee.

In general, wetlands, watercourses and natural drainage channels should not be filled, graded or altered. When protection of wetlands, trees, steep slopes or other environmentally sensitive area is required, the location shall be shown on the erosion control plan and the method of protection during construction identified (e.g., silt fence, construction fence, stakes, etc.).

Grading, erosion, and sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the New York Standards and Specifications for Erosion and Sediment Control published by the Empire State Chapter of the Soil and Water Conservation Society. For the design of postconstruction structures, the technical standards are currently detailed in the publication "New York State Storm water Management Design Manual, published by the Department of Environmental Conservation.

Cut-and-fill slopes shall be no greater than 2:1, except where retaining walls, structural stabilization or other methods acceptable to the Department of Public Works and/or Town Designated Engineer are used. Disturbed areas shall be restored as natural appearing landforms, and shall blend in with the terrain of adjacent undisturbed land. Abrupt, angular transitions shall be avoided.

Clearing and grading shall be substantially confined to designated building envelopes, utility easements, driveways, and parking footprint. Clearing and grading techniques that retain natural vegetation and drainage patterns, as described in the most recent version of Standards and Specifications for Erosion and Sediment Control referenced above shall be used to the satisfaction of the responsible board. No clearing or grading shall take place within the established fifty-foot watercourse buffer area except to provide road crossings where permitted.

Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.

Phasing shall be required on all sites disturbing greater than 20 acres, with the size of each phase to be established at plan review and as approved by the Town Planning Commission (if applicable), the Stormwater Management Officer, and/or his or her designee. There shall not be more than five acres of disturbed soil at any one time without prior written approval from the Department of Environmental Conservation.

The permittee shall initiate stabilization measures as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. This requirement does not apply in the following instances:

The mere parking and moving of construction vehicles around the site does not constitute construction or earth-disturbing activity. If the permittee is not diligently pursuing the project toward completion as determined by the Stormwater Management Officer or designated agent, he/she may issue a notice of violation and stipulate that the stabilization measures as outlined above shall be undertaken to prevent site erosion.

If seeding or another vegetative erosion control method is used, it shall become established within 14 days or the applicant may be required to reseed the site or use a nonvegetative option.

Special techniques that meet the design criteria outlined in the most recent version of Standards and Specifications for Erosion and Sediment Control shall be used to ensure stabilization on steep slopes or in drainageways.

Soil stockpiles must be stabilized or covered at the end of each workday.

Techniques shall be employed to prevent the blowing of dust or sediment from the site.

Techniques that divert upland runoff past disturbed slopes shall be employed.

Adjacent properties shall be protected by the use of a vegetated buffer strip in combination with sediment controls.

Stabilization shall be adequate to prevent erosion located at the outlets of all pipes and paved/rip-rap channels.

Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

Development should relate to site conditions and disturbance of steep slopes avoided. Grading should be minimized by utilizing the existing topography whenever possible. Roads and driveways shall follow the natural topography to the greatest extent possible.

In areas of severe slopes (exceeding 25%), land-disturbing activities are not permitted unless approved by a licensed professional civil engineer. A twenty-five-foot buffer must be maintained between any disturbed area and the top of slopes 25% and greater unless approved by a licensed professional Civil Engineer

An increase in turbidity that will cause a substantial visible contrast to natural conditions;

An increase in suspended, colloidal and settleable solids that will cause deposition or impair the waters for their best uses; or

Residue from oil and floating substances, nor visible oil film, or globules of grease.

The Town of Rotterdam's Stormwater Management Officer and/or his or her designated agent may require such inspections as necessary to determine compliance with this article and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this article and the SWPPP as approved. To obtain inspections, the applicant shall notify the Stormwater Management Officer at least 48 hours before the following as required by the SWPPP:

If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. Corrective actions may include, but are not limited to, the repair and/or restoration of off-site impacts. Depending upon the severity of the violation, in certain circumstances, no further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Town of Rotterdam's Stormwater Management Officer and/or designated agent.

The operator shall have a qualified professional conduct an assessment of the site prior to the start of construction and certify in an inspection report that the appropriate erosion and sediment controls described in the SWPPP have been adequately installed or implemented to ensure overall preparedness of the site. Following the start of construction, site inspections shall be conducted by a qualified professional at least every seven calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. The purpose of such inspections will be to determine the overall effectiveness of the plan and the need for additional control measures. During each inspection, the qualified professional shall record the following information:

A copy of the NOI and a brief description of the project shall be posted at the construction site in a prominent place for public viewing. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the beginning of construction activities to the date of final stabilization. The SWPPP and inspection reports are public documents that the operator must make available for inspection, review and copying by any person within five business days of the operator receiving a written request by such person to review the SWPPP and/or the inspection reports. Copying of documents will be done at the requester's expense.

The operator shall maintain a record of all inspection reports in a site log book. The site log book shall be maintained on-site and be made available to the Town upon request. The operator shall post at the site, in a publicly accessible location, a summary of the site inspection activities on a monthly basis.

Any employee of the Department of Public Works, the Stormwater Management Officer, or the Town's designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Subsection L(3)above.

The Stormwater Management Officer or designated agent is responsible for conducting inspections of stormwater management structures and practices. All operators are required to submit as-built plans certified by a licensed/certified professional for any permanent stormwater management practices located on-site after final stabilization. [NOTE: Final stabilization" means that all soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches, or geotextile mats) have been employed on all unpaved areas and areas not covered by permanent structures.] Operators shall also provide the owner(s) of such structure(s) with a manual describing the operation and maintenance practices that will be necessary in order for the structure to function as designed. The operator must also certify that the permanent structure(s) have been constructed as described in the SWPPP. This certification may be able to be accomplished by providing to the Town of Rotterdam a copy of the notice of termination (NOT) filed with the NYSDEC.

All certified as-built plans, lands, structures, and/or appurtenances to be dedicated to the Town of Rotterdam shall be reviewed, inspected and approved by the Town Stormwater Management Officer or designated agent prior to acceptance by the Town of Rotterdam.

Upon certification by the operator's licensed/certified professional that a final site inspection has been conducted and that final stabilization has been accomplished and all stormwater management practices have been constructed as described in the SWPPP, the operator shall complete and file a notice of termination as prescribed by the NYSDEC and file a copy with the Town of Rotterdam to notify it that he or she have complied with this section and that the project is complete.

Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Rotterdam in its approval of the stormwater pollution prevention plan, the Town of Rotterdam may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Rotterdam as the beneficiary. The security shall be in an amount determined by the Town of Rotterdam based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Rotterdam, provided that such period shall not be less than one-year from the date of final acceptance or such other certification that the facilities have been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the facilities have been found to be acceptable to the Town.

Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Rotterdam with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

Recordkeeping. The Town of Rotterdam may require entities subject to this article to maintain records demonstrating compliance with this article.

The Town Planning Commission and/or DPW is hereby authorized to retain licensed/certified professionals as are determined to be necessary to carry out the review of an SWPPP or to make regular inspections of all control measures in accordance with the approved plan.

Payment for the services of such professionals is to be made from funds deposited by the applicant with the Town in escrow accounts for such purposes.

It shall be the responsibility of the applicant to submit to the Town certified check(s) in amounts equal to the estimate of the licensed/certified professional for the cost of services to be rendered. Estimates shall reflect reasonable costs at prevailing rates. The Town shall make payments to said professional for services rendered to it upon acceptance by the Town of said service.

The operator and all contractors and subcontractors must comply with all conditions of a SWPPP issued pursuant to this article. In the event that a permit holder violates the terms of the SWPPP or implements site development in such a manner as to adversely affect the health, safety, or welfare of the public, the Building Inspector/Code Enforcement Officer or Stormwater Management Officer may issue a stop work order. In addition, the Building Inspector/Code Enforcement Officer or Stormwater Management Officer may issue a stop-work order for violations of this article. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Rotterdam confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in penalties in accordance with the enforcement measures authorized in this article.

The Building Inspector/Code Enforcement Officer or Stormwater Management Officer may notify the permittee at any time that the SWPPP does not meet one or more of the requirements herein. Such notification shall identify those provisions of the permit that are not being met by the SWPPP and identify which provisions of the SWPPP require modifications in order to meet the minimum requirements of the permit. Within seven days of such notification (or as otherwise provided by the Town), the permittee shall make the required changes to the SWPPP and shall submit to the Town a written certification that the requested changes have been made.

Any violation of this article shall be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both. Each day the violation exists shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be required to bear the expense of any restoration work required. To the extent that the noncompliance with this article constitutes a violation of the Clean Water Act and the Environmental Conservation Law, there are substantial criminal, civil, and administrative penalties.

If any building or land development activity is installed or conducted in violation of this article, the Town Building Inspector/Code Enforcement Officer or Stormwater Management Officer may prevent the occupancy of said building or land.

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Rotterdam Building Inspector/Code Enforcement Officer or Stormwater Management officer may take necessary corrective action, the cost of which shall become a lien upon the property until paid.