City of Yonkers

EPA Phase II Final Rule, published in the Federal Register on December 8, 1999, expanded on the Phase I Rule to include NPDES permit coverage for storm water discharges from certain regulated small MS4s and construction activity disturbing between one and five acres of land. Although the Phase II MS4 regulations are generally implemented by municipalities, all public entities that own and maintain a separate storm sewer system, including State Departments of Transportation (DOTs) and other highway departments and authorities, are also bound by the requirements of Phase II.

The City of Yonkers is in the process of implementing a five-year storm water management program (SWMP) for compliance with Phase II. The general framework for the comprehensive SWMP was developed in February 2003.

The City of Yonkers completes dozens of maintenance and capital projects each year. Additionally, the City of Yonkers is pursuing alternative methodologies for public education/outreach. The City of Yonkers follows the New York State Standards and Specifications for Erosion and Sediment Control published by NYSDEC (8/2005), and all projects submitting plans under Stormwater Phase II guidelines must be in compliance. The city of Yonkers has enacted a stormwater ordinance to their municipal code Chapter 43. ZONING Article XVII. Stormwater Control to establish requirements for the management with storm and surface water runoff associated with development activities. The ordinance also deems land owners and property managers to be responsible for maintenance and repair of stormwater controls and treatment practices onsite.

Municipal Separate Storm Sewer Systems (MS4s) Annual Report

Stormwater runoff gathers a variety of pollutants, which degrade our lakes, rivers, wetland and other waterways. Stormwater management, especially in urban areas, is becoming a necessary step to reduce pollution in our waterways. A new federal regulation, commonly known as Stormwater Phase II, requires permits for stormwater discharges from Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas and for construction activities disturbing one or more acres. Under this new regulation, the City of Yonkers are regulated MS4s.

The City of Yonkers applied for MS4 permit coverage in March and is in the process of implementing a 5-year, system-wide storm water management program (SWMP) for compliance with Phase II.

The SWMP must include the following items:

• Public education and outreach
• Public participation
• Illicit discharge detection and elimination
• Construction site runoff control
• Post-construction runoff control
• Pollution prevention

City of Yonkers- Municipal Code Chapter 43. ZONING

Article XVII. Stormwater Control

[Added 12-11-2007 by LL. No. 12-2007]

§ 43-216. Stormwater pollution prevention plans.

A 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 and Article XVI of Chapter 56, Building and Electrical Code.

B. Contents of stormwater pollution prevention plans.

1. 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; 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);
   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 five 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 closeout;
   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, including the proposed maintenance schedule and procedure; and
   16. Any existing data that describes the stormwater runoff at the site.
2. Land development activities as defined in § 43-215 of this article 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 B(3) 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 (rMDL) 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.
3. SWPPP requirements for Conditions A, Band C:
   1. All information in§ 43-2168(1) of this article.
   2. 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 predevelopment 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.
   9. Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 43-218 of this article.
   10. For Conditions A, B, and C the SWPPP shall be prepared by a licensed professional engineer registered with the State of New York 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 and Article XVI of Chapter 56, Building and Electrical Code.

C. 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.

D. 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: 01 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.
2. 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; that the land development activity complies with this article and Article XVI of Chapter 56, Building and Electrical Code; and the date the certification is made.
3. The certification statement(s) shall become part of the SWPPP for the land development activity.

E. 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.

§ 43-217. 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 and Article XVI of Chapter 56, Building and Electrical Code, 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 and Article XVI of Chapter 56, Building and Electrical Code:

(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. Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in§ 43-217A, and the SWPPP shall be prepared by a licensed professional engineer registered with the State of New York.

C. 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

§ 43-218. Maintenance, inspection and repair of stormwater facilities.

1. Maintenance and inspection during construction.
   1. The applicant or developer of the land development activity or his or her representative 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 and Article XVI of Chapter 56, Building and Electrical Code. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
   2. For land development activities as defined in§ 43-215 of this article and meeting Condition A, B or C in § 43-2168(2), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
2. Maintenance easement(s). Prior to the issuance of any approval by the Building Department 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 City of Yonkers to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and Article XVI of Chapter 56, Building and Electrical Code. The easement shall be recorded by the granter in the office of the County Clerk after approval by the Counsel for the City of Yonkers.
3. Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article and Article XVI of Chapter 56, Building and Electrical Code, shall ensure they are operated and maintained to achieve the goals of this article and Article XVI of Chapter 56, Building and Electrical Code. 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 and Article XVI of Chapter 56, Building and Electrical Code.
   2. Written procedures for operation and maintenance and training new maintenance personnel.
   3. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with§ 43-217C.
4. Maintenance agreements. The City of Yonkers 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 Schedule B of this article and Article XVI of Chapter 56, Building and Electrical Code, entitled 6Sample Stormwater Control Facility Maintenance Agreement.’111 The City of Yonkers, 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 Article XVI of Chapter 56, Building and Electrical Code and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

[1]: Editor’s Note: Schedule Bis included at the end of this chapter. See also Schedule A, Stormwater Management Practices Acceptable for Water Quality, at the end of this chapter.

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Links:

City of Yonkers Stormwater Ordinance

City of Yonkers Stormwater Phase II Program