N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.8 - Permit application procedures in stormwater regulatory programs

Stormwater permit applications shall be processed in accordance with Subpart 645-5 of this Title

(a) General application requirements. The following shall be required to be part of any application for a stormwater management permit:

(1) A complete application on such form as may be prescribed.

(2) The appropriate application fee.

(3) When a project requires a permit from any other agency, a list of all such permits which are required, a statement of the status of each such permit application, and a statement of the SEQR status of the action.

(4) Copies of applications for all required wastewater management permits, subdivision approvals, site plan review or special use permits and Adirondack Park Agency permits.

(5) The real property tax map section, block and lot number of each lot included in the proposed project.

(6) The names and legal mailing addresses of all landowners adjacent to the project site. For major projects, the names and legal mailing addresses of all landowners within 500 feet of the project site.

(7) A detailed plot plan which shows the site topography, the location and dimensions of all existing and proposed structures and impervious surfaces, water bodies, septic systems, wells, and stormwater control devices on the site and within 100 feet of the site.

(8) A general location map suitable to direct officials reviewing the application to the project site.

(b) Optional preliminary review for major projects. The following information may be required to be submitted for a preliminary or sketch plan review of applications for major projects:

(1) A stormwater concept plan (SCP). The SCP shall include sufficient information to evaluate the environmental characteristics of the project site, the potential impacts of the proposed development on water resources and the effectiveness and acceptability of measures proposed for managing stormwater runoff. Sufficient engineering analysis shall be performed and provided to show that the stormwater control measures in the plan are viable and capable of managing runoff from the site in compliance with these regulations and the municipality's stormwater management plan and regulatory program. All anticipated development of the site and phases of the project, both present and future, shall be addressed in the SCP. The intent of this conceptual planning process is to determine the type of stormwater measures necessary for the proposed project. The SCP shall include any modifications to the proposed project necessary to achieve the required level of stormwater management. In order to ensure adequate planning for management of runoff from future development, a SCP may be required to consider the maximum development potential of a site under existing zoning, regardless of whether the applicant presently intends to develop the site to its maximum potential.

(2) On a site with pre-development, an applicant shall be required to include within the stormwater concept plan measures for controlling existing stormwater runoff discharges from the site in accordance with the standards of this Subpart to the maximum extent practicable. Such measures shall also include those measures reasonable and necessary to, at a minimum, infiltrate the runoff from the first one-half inch of precipitation from any storm event for all areas within the site which have previously been developed.

(c) Additional requirements for major projects. The following additional requirements are applicable to major projects.

(1) A stormwater control report (SCR) shall be submitted which evaluates the quantity and quality of stormwater runoff resulting from the proposed project for all phases, both present and future, and if required, for the maximum potential runoff from the site if it were to be developed to its maximum potential under existing zoning. The stormwater control report shall be consistent with, and shall be reviewed on the basis of the approved SCP if one was required.

(2) The SCP and SCR shall be prepared by a qualified stormwater professional, who shall be employed by the applicant or developer to design and supervise the installation of all stormwater management facilities. Stormwater management shall be within the area of expertise of the particular individual or firm performing the design and construction supervision, and if requested, that individual or firm shall furnish a listing and description of all stormwater management projects designed or supervised by them within the past five years.

(d) Contents of stormwater control report (SCR). An SCR shall contain, at the minimum, the following information:

(1) A description of the project site and surrounding area within 500 feet as it exists prior to the commencement of the project; a location map; description of the watershed of the subcatchment and its relation to the project site; soil types and descriptions on the site and surrounding area; topography of the project site and surrounding area; surface characteristics including percent cover by asphalt, concrete, crushed stone, grasses, brush, and trees; current land use including allstructures, and characteristics of the shoreline and its development, if applicable; drainage patterns including streams, ponds, culverts, ditches, and wetlands; and locations of utilities, roads, and easements.

(2) A detailed description of the proposed project including surface characteristics; proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of clearing and grading; and construction cost estimates of stormwater management structures.

(3) Hydrologic and hydraulic computations of stormwater volume and flow for existing and proposed conditions shall be performed. Such computations shall include:

(i) description of the design storm frequency, intensity and duration;

(ii) time of concentration;

(iii) soil curve numbers or runoff coefficients;

(iv) peak runoff rates and total runoff volumes for each watershed area or subcatchment area;

(v) infiltration rates;

(vi) culvert capacities;

(vii) flow velocities;

(viii) data on the increase in rate and volume of runoff for the 10-year storm and on the change in the rate of runoff for the 2-, 10-, 25-, 50- and 100-year storms;

(ix) documentation of sources for all computation methods and field test results; and

(x) sufficient information to demonstrate that the proposed development, with its necessary stormwater controls, has been designed to preserve and maintain the base flow in all streams passing through, adjoining or receiving runoff from the site.

(4) A description of how the stormwater control measures for the project will provide the best available pollutant removal technology.

(5) A detailed description of and plans of, stormwater and erosion control measures including:

(i) proposed containment facilities and structures;

(ii) calculations of infiltration area required;

(iii) calculation of retention and/or detention/retention storage requirements and storage volume provided;

(iv) calculation or documentation of infiltration rate;

(v) calculation for release rate controls (orifice or pipe size);

(vi) description of pollution control measures such as filter strips, sand filters, infiltration;

(vii) provision for emergency overflow; and

(viii) measures taken to obviate or reduce the need for runoff control such as use of porous pavement, or the minimization of land clearing or paving.

(6) Drainage maps at a scale specified by the commission showing existing and proposed conditions and contours, including the watershed area and subcatchment boundaries, acreage, inlet and outlet points of streams, culverts and drainage ditches, surface features, existing and proposed structures, buildings, pavement, flow directions, existing and proposed storm sewers, streams and other drainage channels, water quantity and quality control structure including retention basins and infiltration trenches, and a location map showing the entire watershed area and indicating the project site.

(7) A certification that the stormwater control measures as designed and presented in the SCR will function adequately, will not adversely affect adjacent or downstream waters or properties, and have been designed in accordance with these regulations and the provisions of Environmental Conservation Law section 43-0112. The report and plans shall bear the signature of the qualified stormwater professional executing the above certification.

(8) A project schedule which shall indicate the proposed starting and completion dates for all major work phases including, but not limited to, clearing and grading, road construction, utility placement, septic systems, stormwater control measures, wharf construction, pouring or laying of footings and foundations, building construction, and interim and permanent revegetation. Particular emphasis shall be placed on those elements of the schedule relating to stormwater runoff and erosion control. In general, the stormwater control measures shall be installed first in the construction stages of a project to minimize the impacts associated with construction. Further, the project schedule shall take into account appropriate seasonal limitations for temperature and weather sensitive operations. Special measures or procedures may be required to undertake land disturbance activities occurring between October 15th and April 15th.

(9) A maintenance schedule which includes:

(i) the construction costs related to stormwater control;

(ii) the proposed stormwater control maintenance program and annual costs of implementing such;

(iii) identification of the party or parties responsible for maintenance of the system over the life of the project;

(iv) a copy of any maintenance agreement; and

(v) identification of the party or parties responsible for correcting failures or inadequate function of stormwater control measures and responsible for assuming control of the measures in the event of failure to properly maintain the system.

(e) Application inspections. Each application shall contain the written consent of the landowner that site inspections, tests, and evaluations as are deemed necessary to verify site data contained in the application may be conducted. Such data shall include, but are not limited to, soil type, topography, depth to seasonal high groundwater, depth to bedrock and distance to surface bodies of water. During the site inspection one or more deep test holes and percolation tests may be required.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.8

Amended New York State Register March 17, 2021/Volume XLIII, Issue 11, eff. 3/17/2021