Wallkill City Zoning Code
ARTICLE XVIIA
Stormwater Control 1
§ 249-61 Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article.
§ 249-62 Contents of stormwater pollution prevention plans.
A.
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;
(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 at a scale of no smaller than one inch equals 100 feet; 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 New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than three 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 close-out;
(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.
Land development activities as defined in § 249-3 of this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection C below as applicable:
(1)
Condition A: Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department'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.
(2)
Condition B: Stormwater runoff from land development activities disturbing five or more acres.
(3)
Condition C: Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
C.
SWPPP requirements for Conditions A, B and C:
(2)
A description of each post-construction stormwater management practice;
(3)
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;
(4)
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(5)
Comparison of post-development stormwater runoff conditions with pre-development conditions;
(6)
Dimensions, material specifications and installation details for each post-construction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
(8)
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;
§ 249-63 Plan certification.
The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer 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.
§ 249-64 Other environmental permits.
The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
§ 249-65 Contractor certification.
A.
Each contractor and subcontractor identified in the SWPPP 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 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."
B.
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.
C.
The certification statement(s) shall become part of the SWPPP for the land development activity.
§ 249-66 SWPPP copy on site.
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
§ 249-67 Performance and design criteria for stormwater management and erosion and sediment control.
All land development activities shall be subject to the following performance and design criteria:
A.
Technical standards. For the purpose of this article, the following documents shall serve as the official guide 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:[1]
(1)
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual"); and
(2)
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
B.
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York.
§ 249-68 Maintenance and repair of stormwater facilities.
A.
Maintenance during construction.
(1)
The applicant or developer of the 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 or developer or his or her representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site log book.
B.
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 Wallkill to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article.[1] The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Wallkill.
[1]
Editor's Note: The Sample Stormwater Control Facility Maintenance Agreement is on file in the Town offices.
C.
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.[2] Proper operation and maintenance also includes as 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
D.
Maintenance agreements. The Town of Wallkill shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Orange 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 Schedule B entitled "Sample Stormwater Control Facility Maintenance Agreement." The Town of Wallkill, 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.
E.
Financial security.
[Added 12-12-2013 by Ord. No. 4-2013]
(1)
The Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from the appropriate financial or surety institution, in form and content acceptable to the Town Attorney, which guarantees satisfactory completion of the project and names the Town as the beneficiary.
(2)
The developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety, in form and content acceptable to the Town Attorney, 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 and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.