A. Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the Department of Engineering has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article.
B. Contents of stormwater pollution prevention plans.
(1) All SWPPPs shall provide the following background information and erosion and sediment controls:
(a) Background information about the scope of the project, including location, type and size of the project.
(b) 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; 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 discharge(s). [The site map should be at a scale no smaller than one inch equals 100 feet (e.g., one inch equals 500 feet is smaller than one inch equals 100 feet).];
(c) Description of the soil(s) present at the site.
(d) 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 Standard and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than one acre shall be disturbed at any one time unless pursuant to an approved SWPPP.
(e) 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.
(f) 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.
(g) 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 closeout.
(h) A site map /construction drawings specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
(i) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basis.
(j) Temporary practices that will be converted to permanent control measures.
(k) An 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.
(l) A maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(m) Name(s) of the receiving water(s).
(n) Delineation of SWPPP implementation responsibilities for each part of the site.
(o) 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.
(p) Any existing data that describes the stormwater runoff at the site.
(2) Land development activities as defined in § 390 and meeting Condition A, B, or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a) 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.
(b) Condition B: Stormwater runoff from land development activities disturbing five or more acres of land.
(c) Condition C: Stormwater runoff from land development activity disturbing between one acre 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.
(3) SWPPP requirements for Conditions A, B, and C:
(a) All information in Subsection B(1) of this section.
(b) Description of each postconstruction stormwater management practice.
(c) Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.
(d) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
(e) Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.
(f) Dimensions, material specifications and installation details for each postconstruction stormwater management practice.
(g) Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.
(h) 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.
(i) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 393 of this article.
C. Plan certification. The SWPPP shall be prepared by a New York State licensed landscape architect, certified erosion control specialist, or New York State licensed 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.
D. 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.
E. Contractor certification.
(1) 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 1 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."
(2) The certification must include the name and title of the person providing the signature, address and telephone number of the contract firm; the address (or other identifying description) of the site; and the date the certification is made.
(3) The certification statement(s) shall become part of the SWPPP for the land development activity.
F. 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 to the date of final stabilization.
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 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 law:
(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").
(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. No land development activity shall cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
(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 his/her/its 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 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site logbook.
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 Hempstead.
C. Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this law shall operate and maintain to achieve goals of this law. 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) that 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.
(3) Executed contract with outside maintenance operators.
(4) Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 392, Subsection B.
D. Maintenance agreements. The Town of Hempstead 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.
A. Severability. If any provision(s) of this article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of this article or the Building Zone Ordinance.
B. Effective date. This Ordinance shall take effect immediately as provided in the Town Law of the State of New York.
A. Erosion and sediment control inspection.
(1) The Town of Hempstead Stormwater Management Officer or duly appointed 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 law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Hempstead enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
(b) Installation of sediment and erosion control measures.
(c) Completion of site clearing.
(d) Completion of rough grading.
(e) Completion of final grading.
(f) Close of the construction season.
(g) Reopening of the construction season.
(h) Completion of final landscaping.
(i) Successful establishment of landscaping in public areas.
(2) 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. 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 Stormwater Management Officer.
B. Stormwater management practice inspections. The Town of Hempstead Stormwater Management Officer or appointed agent is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any Stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a New York State licensed professional engineer.
C. Inspection of stormwater facilities on established sites. 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 stormwater permit; and joint inspections with other agencies' inspection 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 control facilities; and evaluation of the condition of drainage control facilities and other stormwater management practices.
D. Submission of reports. The Town of Hempstead Stormwater Management Officer may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.
E. Right of entry for inspection. When any stormwater management facility is installed on private property or when any connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Hempstead the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
A. 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 Hempstead in its approval of the stormwater pollution prevention plan, the Town of Hempstead 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 Hempstead as the beneficiary. The security shall be in an amount to be determined by the Town of Hempstead 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 Hempstead, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) has 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 of Hempstead. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
B. 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 Hempstead 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 and sediment control facilities, the Town of Hempstead may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C. Recordkeeping. The Town of Hempstead may require entities subject to this law to maintain records demonstrating compliance with this article.
A. Notice of violation. When the Town of Hempstead determines that a land development activity is being carried out not in accordance with the requirements of this article, it may issue a written notice of violation to the landowner or other person in control of the premises. The notice of violation shall contain:
(1) The name and address of the landowner, developer, or applicant;
(2) The address, when available, or a description of the building, structure or land upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring the land development activity into compliance with this article and a time schedule for the completion of such remedial action;
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(6) A statement that the determination of violation may be appealed to the Town by filing a written notice of appeal within 15 days of service of the notice of violation.
B. Stop-work orders. The Town of Hempstead 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 violations leading to the stop-work order, or except those activities necessary to secure the site. The stop-work order shall be in effect until the Town of Hempstead 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, or monetary penalties in accordance with the enforcement measures authorized in this article.
C. Violations. Any land development activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise abated in a manner provided by law.
D. Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provision of this article shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
E. Withholding of 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, and any order he or she may issue in that regard shall be enforceable, either with or without Court order, by the Nassau County Police Department and/or by any law enforcement agency of the State of New York.
F. 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 Hempstead may take necessary corrective action, the cost of which shall become a lien upon the property until paid, filed in the office of the Nassau County Clerk and indexed against the property's tax lot designation.
The Town of Hempstead may require any person undertaking land development activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Hempstead or performed by a third party for the Town of Hempstead.
