Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition. These impacts often have a significant impact upon the health, safety and welfare of the community.

This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species.

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

Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat.

Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation.

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.

Substantial economic losses can result from these adverse impacts on the waters of the municipality.

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.

The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health.

Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

Meet the requirements of Minimum Control Measures 4 (Construction Site Runoff Control) and 5 (Post-construction Runoff Control) of the NYS Department of Environmental Conservation (NYS DEC) State Pollution Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s) Permit, or as amended or revised.

Require land development activities to conform to the substantive requirements of the NYS DEC SPDES General Permit for Stormwater Discharges from Construction Activity, or as amended or revised.

Minimize increases in stormwater runoff from land development activities in order to reduce flooding and associated flood hazards and flood costs, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels and sustain their hydrologic functions.

Avoid excessive and/or unnecessary tree and vegetation removal.

Minimize windblown soil associated with properties being cleared and graded for development or otherwise associated with development activities.

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

Minimize phosphorus loads being delivered to Total Maximum Daily Load (TMDL) designated watersheds.

Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality.

Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable.

Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

The Erosion and Sediment Control requirements of this article shall be applicable to all land development activities as defined in this chapter without the approval of a Stormwater Pollution Prevention Plan (SWPPP), except as otherwise provided herein.

Applicants shall also obtain all other permits required by State, Federal, and local laws. Whenever the particular circumstances of proposed land development activity require compliance with special use, site plan, or subdivision procedures of the Town of Schodack, the Planning Board shall integrate the requirements prescribed herein as appropriate and determine the adequacy of the SWPPP.

No SWPPP is required for the following exempt activities:

The SWPPP shall be retained on the site of the Land Development Activity in accordance with the General Permit. The SWPPP shall be accessible and in usable condition.

No application for approval of a land development activity shall be approved until the Stormwater Management Officer has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications contained herein.

For land development activity not subject to special use permit, site plan, or subdivision requirements, the Town Engineer, or designated agent, shall review the SWPPP to determine its completeness and conformance with the provisions herein. The Town Engineer, or designated agent, shall make a determination as to whether the SWPPP is complete and the complete SWPPP will be on file with the designated SMO and available for public comment. If the SWPPP is deemed incomplete, the applicant shall be notified in writing as to the deficiencies in the plan and the requirements for completeness. After receiving a complete plan, the Town Engineer or designated agent shall, in writing:

Failure of the Town Engineer, or designated agent, 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 and Zoning Permit as required by Town Code or to submit a completed Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity Under State Pollutant Discharge Elimination System (SPDES) General Permit to the NYS Department of Environmental Conservation.

For land development activity subject to special use permit, site plan, or subdivision requirements, the Planning Board shall incorporate the required SWPPP into the review process, allowing for public review and comment on the SWPPP. The Planning Board, in consultation with the Town Engineer, or designated agent, shall determine the adequacy of the SWPPP. For projects subject to subdivision requirements, preliminary plat approval shall not be granted until the Planning Board 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 Engineer, the Rensselaer County Soil and Water Conservation District, the New York State Department of Environmental Conservation, or retain any other licensed/certified professionals qualified in the review and/or design of stormwater management and erosion control plans as are determined to be necessary to carry out the review of an SWPPP. Payment for the services of such professionals shall comply with § 219-180 herein.

General requirements:

The SWPPP shall include the following:

For Major Projects, the following shall also be provided:

The SWPPP shall be prepared by a licensed/certified professional in accordance with the General Permit. The SWPPP must be signed by the professional preparing the plan and shall make the following certification:

The SWPPP shall also be certified by the owner/operator of the project with the following certification:

If the owner of the property will not be the operator of the project the following delegation of authority certification shall be provided and kept with the SWPPP:

The certification shall include the name of the owner delegating authority, the name, company address and telephone numbers of the person to whom authority is delegated to and the continued certification:

And the final certification to be included shall be:

The certifications 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(s) shall become part of the SWPPP for the land development activity and must be kept on-site with the SWPPP.

The SWPPP must clearly identify each contractor(s) and subcontractor(s) involved in soil disturbance that will implement each stormwater and erosion control measure. Each contractor and subcontractor identified in the SWPPP shall sign a copy of the following certification statement before undertaking any land development activity:

Each subcontractor engaged in activities at the construction site that could impact stormwater must also be identified and sign the above certification statement.

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 page shall also contain the specific elements of the SWPPP that each contractor and subcontractor will be responsible for and identify the "Trained Contractor" per the General Permit.

The certification statement(s) shall become part of the SWPPP for the land development activity and must be kept on-site with the SWPPP.

The Operator 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; or

The SWPPP proves to be ineffective as follows:

Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP.

Amendments or changes to the SWPPP as outlined above in Subsections A and B shall be subject to review and approval by the SMO. Written notice to the SMO shall be made indicating the requested SWPPP amendment and shall be upon conditions as may be included in the written response from the SMO.

The SWPPP shall maintain a log of SWPPP amendments indicating the amendment number, description of the amendment and reasons for the amendment, the date initiated, approved and effective. The log shall also include the amendment preparer and qualifications. The preparer shall be a qualified professional per the General Permit.

Best Management Practices/techniques for land disturbing activities, grading, erosion and sediment control and waterway crossings shall meet the 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 post-construction structures, the technical standards are currently detailed in the publication New York State Stormwater Management Design Manual published by the Department of Environmental Conservation. Projects must meet the both performance and sizing criteria of the technical standards to be in compliance with this chapter. Deviations from the technical standards that involve the use of an alternative post-construction stormwater management practice or a modification to one of the practices from the list in the technical standard that has been demonstrated to be equivalent to the technical standard may be accepted when demonstrated to be equivalent to the technical standard.

Cut-and-fill slopes shall be no greater than 2:1, except where retaining walls, structural stabilization or other methods acceptable to the Town-designated licensed/certified professional 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 Planning 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 30 acres, with the size of each phase to be established at plan review and as approved by the Planning Board. There shall not be more than five acres of disturbed soil at any one time without prior written request and subsequent written approval from the Town Stormwater Management Officer.

The Owner/Operator shall initiate stabilization measures in portions of the site where construction activities have temporarily or permanently ceased by the end of the next business day and complete stabilization measures within a reasonable time period not to exceed 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. Stabilization measures shall occur by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions. Stabilization measures shall be applied to the disturbed area regardless of conditions in anticipation of thawing ground conditions and subsequent erosion.

The mere parking and moving of construction vehicles around the site does not constitute construction or soils disturbance activity. If the Owner/Operator/Contractor is not diligently pursuing the project toward completion as determined by the Town Code Enforcement Officer, 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 non-vegetative option until such time as a vegetative erosion control method is viable.

BMPs and other 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. The Stormwater Management Officer may require the submission of calculations to support the Operators selected intended stabilization method.

Soil stockpiles shall have perimeter sediment controls in place each workday and must be stabilized by suitable covered to prevent wind erosion. Haul or access roads to soil stockpiles shall also be so protected.

The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. The inclusion of vegetative seed should be included to permit early establishment when conditions permit.

BMPs and other techniques shall be employed to:

In general, wetlands and watercourses should not be filled, graded or altered. The crossing of watercourses should be avoided to the maximum extent practicable. When protection of wetlands, watercourses, 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.). A vegetative buffer (twenty-five-foot minimum) shall be maintained between disturbed areas and protected Federal wetlands that are not proposed to be filled as part of an Army Corps of Engineers wetlands permit. In the case of State-designated wetlands, the 100-foot adjacent area shall not be disturbed without a NYS Department of Environmental Conservation permit.

Stabilization measures shall be adequate to prevent erosion located at the outlets of all pipes and paved/riprap or other channels or other points or areas of stormwater runoff.

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 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. A twenty-five-foot buffer must be maintained between any disturbed area and the top of slopes 25% and greater.

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 Schodack 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 Schodack.

Maintenance agreements. The Town of Schodack 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 consistent with the terms and conditions of Attachment 4 of this article, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Schodack, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

An increase in turbidity that will cause a substantial visible contrast to natural conditions in surface waters of New York State;

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 Stormwater Management Officer or 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 or designated agent at least 48 hours before the following as required by the SWPPP:

Successful establishment of landscaping in public areas.

A copy of the NOI, the SWPPP, NYS DEC authorization, certifications, training certificates and copies of inspection reports 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 and shall be accessible in accordance with the General Permit for Construction Activity. 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 and copies of reports in a site logbook. The site logbook shall be maintained on-site and be made available to the Town upon request.

The Owner/Operator or their Trained Contractor shall be on site at all times when construction or land disturbing activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.

The Stormwater Management Officer, its designated agent or others as may be permitted per the General Permit for Construction Activity and in accordance with the Maintenance Easement and Agreement shall be permitted to enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Subsection D above.

Inspections of stormwater management practices (SMPs). Under the SPDES General Permit Stormwater Discharges from Municipal Separate Stormwater Sewer Systems, Minimum Control Measure 5: Post-construction Runoff Control, the Town is responsible for conducting routine oversight inspections of stormwater management facilities (aka practices such as permanent water quantity quality management structures). As such:

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

Notice of Termination (NOT). 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, and that all required maintenance easements and agreements have been filed with the Office of the County Clerk, the Owner/Operator shall complete and file a NOT as proscribed by the NYSDEC with the Town's Stormwater Management Officer to notify them that they have complied with this chapter and that the project is complete.

Maintenance after construction. The Owner or Operator of permanent stormwater management practices installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this article. Proper operation and maintenance also include, at a minimum, the following:

Inspection of stormwater facilities after project completion. Inspection programs shall be established 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 General Permit for Construction Activity; 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 facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

Submission of reports. Documentation of inspection and maintenance performed shall be submitted by the Owner/Operator of the stormwater management facility to the Stormwater Management Officer annually. The Town of Schodack Stormwater Management Officer may require more frequent reporting, monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.

Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Schodack the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in herein.

Construction completion guarantee. The applicant or developer may be required 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 Schodack as the beneficiary. The security shall be in an amount determined by the Town of Schodack 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 Schodack, 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. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

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 Schodack 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, upon notification, draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

Recordkeeping. Entities subject to this article shall maintain records demonstrating compliance with this article. Copies of records shall be provided to the Town upon request.

The Planning Board or municipal official is hereby authorized to retain licensed/certified professionals as are determined to be necessary to carry out the review of a SWPPP or to make regular or final inspections of all control measures, lands, structures, and/or appurtenances, to be dedicated to the Town in accordance with the approved plan.

Payment for the services of such professionals is to be made from funds deposited by the applicant (including the owner/operator) 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.

Notice of violation. The operator and all contractors and subcontractors must comply with all conditions of a SWPPP submitted pursuant to this article. In the event that the Town determines that a land development activity is not being carried out in accordance with the requirements of this article, the Stormwater Management Officer may issue written notice of violation to the operator/landowner, applicant and all contractors/subcontractors subject to the provisions of this article. The notice of violation shall contain the following information:

Stop-Work Order. The Stormwater Management Officer may issue a Stop-Work Order for violation of this article. Persons receiving a Stop-Work Order shall be required to halt all land development activities, except those activities that address the violation(s) identified in the Stop-Work Order. The Stop-Work Order shall be in effect until the Town 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 civil, criminal, and/or monetary penalties in accordance with this article.

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

Penalties. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this article is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $250 for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this article shall be required to bear the expense of such restoration. To the extent that the noncompliance with this article constitutes a violation of the Clean Water Act and the Environmental Conservation Law, there may be substantial criminal, civil, and administrative penalties, depending upon the nature and degree of the offense.

Withholding certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article, the Stormwater Management Officer may prevent the occupancy of said building or land.

Restoration of lands. 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 Schodack may take necessary corrective action, the cost of which shall become a lien upon the property until paid.