§ 19.1-04 Effective Date.

(3) Qualified professionals who have prepared application materials are required to certify that the materials submitted meet the technical standards included in the NYSDEC construction general permit and these rules.

(4) In addition to technical standards included in this section, stormwater management practices must be designed and constructed in accordance with the following technical standards for performance and design:

(i) The New York City Stormwater Manual, incorporated as an appendix to this chapter.

(ii) The New York State Stormwater Management Design Manual January 2015 or its successor including the enhanced phosphorus removal standards.

(iii) New York Standards and Specifications for Erosion and Sediment Control, dated November 2016, or its successor.

(5) Where, in any specific case, different provisions of this chapter or of the technical standards incorporated by reference specify different materials, methods of construction or other requirements, the most restrictive shall govern.

(6) Exemptions for certain covered development projects.

(i) A permit is not required for a covered development project that drains to waters of the state through an outfall approved by NYSDEC unless the outfall is owned or operated by the city of New York.

(ii) Upon receiving an application, DEP may determine that a permit is not required for a covered development project where a public combined or storm sewer is not available.

(iii) Covered roadway maintenance must implement erosion and sediment control practices in accordance with the NYC Stormwater Manual (Chapter 7 Roadway Maintenance requirements) but does not require a permit under this section.

(b) Stormwater Construction Permit.

(1) Except as otherwise provided in paragraph (6) of subdivision (a) of this section or subdivision (b) of 15 RCNY § 19.1-03.1, no developer may perform development activity in connection with a covered development project, public or private, without having first obtained a stormwater construction permit from the department. The commissioner, in his or her discretion, may impose such terms and conditions in the permit as he or she deems necessary to protect the sewer system or to protect the public health or welfare.

(2) Recordkeeping. The developer must keep and maintain records of all inspections and tests required to be performed during construction throughout the period of construction and for five years after completion of construction.

(3) Permit application requirements.

(i) To obtain a permit, an applicant must complete and file an application available on the department's website. The application must be accompanied by a processing fee of $1,000 dollars in addition to a $2,000 dollar fee per acre of land disturbed.

(ii) When a covered development project consists entirely of installation of an environmental enhancement project made up of one or more stormwater management practices, and does not include other development, DEP may exempt the owner or developer from payment of any fees associated with these rules.

(iii) The application must include certification by a developer that the covered development project that is the subject of the application is in full compliance with City Environmental Quality Review, 62 RCNY Chapter 5.

(iv) The application must include a SWPPP prepared, signed, and sealed by a qualified professional.

(v) All components of the SWPPP that involve the practice of engineering, as defined by Article 145 of the NYS Education Law, must be prepared by, or under the direct supervision of, a professional engineer licensed to practice in the State of New York. The SWPPP must be submitted in an electronic format acceptable, to the department, as further detailed on the department's website. The SWPPP must contain all applicable elements required in the NYSDEC construction general permit and in this chapter, as determined by the Department, as follows:

A. Background information about the scope of the project, including type and size of project;

B. Site map/construction drawing(s) for the project, including a general location map., at a minimum, the site map should show:

(1) The total site area;

(2) All improvements including underground utilities;

(3) Areas of disturbance;

(4) Areas that will not be disturbed;

(5) Existing vegetation;

(6) On-site and adjacent off-site surface water(s);

(7) Floodplain/floodway boundaries;

(8) Wetlands and drainage patterns that could be affected by the development activity;

(9) Existing and final contours;

(10) Location of soil types with boundaries;

(11) Material, waste, borrow or equipment storage areas located on adjacent properties; and

(12) Location(s) of the stormwater discharge(s).

C. A description of the soil(s) present, at the site;

D. A construction phasing plan describing the intended sequence of development activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity, at the site that results in soil disturbance;

E. A 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. A description of the minimum erosion and sediment control practices to be installed or implemented for each development activity that will result in soil disturbance or creation of impervious surface and for each covered maintenance activity, including a schedule that identifies the timing of initial placement or implementation of each erosion and sediment control practice and the minimum time frames that each practice should remain in place or be implemented;

G. A site map or construction drawing or drawings specifying the location, size and length of each erosion and sediment control practice;

H. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins and structural practices that will be used to divert flows from exposed soils;

I. A temporary and permanent soil stabilization plan that meets the requirements of these rules and the technical standard, for each stage of the project, including initial land clearing and grubbing to project completion and achievement of final stabilization;

J. A maintenance inspection schedule for the trained contractor(s), to ensure continuous and effective operation of the erosion and sediment control practices;

K. The name or names of the receiving waters;

L. A delineation of SWPPP implementation responsibilities for each part of the site;

M. A description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit the runoff and the discharge of pollutants from exposed areas of the site, to the degree, attainable; and

N. Any existing data that describe the stormwater runoff, at the site including but not limited to calculations to size n control practices.

O. Identification of any elements of the design that are not in conformance with the design criteria in the technical standards listed in (a)(4) of this section. Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent, to the technical standard.

P. Development activities that are on Table 2.3 of the NYC Stormwater Manual in covered development projects under these rules must prepare a SWPPP that includes post-construction stormwater management practices. However, with respect to covered development projects for road construction or reconstruction that are less than one acre and for covered maintenance activities, erosion and sediment control practices will be required, but no post-construction stormwater management practices will be required.

(4) Development activities that alter hydrology, reduce perviousness or include the reconstruction of an impervious surface that disturbs soil, must develop a SWPPP that includes post-construction stormwater management practices.

(5) SWPPPs for projects that require post-construction stormwater management practices must be prepared, signed, and sealed by a qualified professional who has an understanding of the principles of hydrology, water quality management practice design, water quantity control design, and, in many cases, the principles of hydraulics, and the SWPPPs must include the following items:

(i) All information required in 15 RCNY § 19.1-03.3(b)(3), above;

(ii) A description of each post-construction stormwater management practice designed to retain or infiltrate stormwater or documentation, as further required by the NYC Stormwater Manual, that retention or infiltration is not possible and a description of the selected practice;

(iii) A site map or construction drawing or drawings showing the specific location and size of each post-construction stormwater management practice;

(iv) Dimensions, material specifications and installation details for each post-construction stormwater management practice;

(v) A hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms that includes, but is not limited to:

A. Map or maps showing pre-development conditions, including watershed / subcatchments boundaries, flow paths/routing and design points;

B. Map or maps showing post-development conditions, including watershed / subcatchments boundaries, flow paths/routing, design points and post-construction stormwater management practices;

C. Results of stormwater modeling (i.e. hydrology and hydraulic analysis) for the required storm events. Include supporting calculations (model runs), methodology, and a summary table that compares pre- and post-development runoff rates and volumes for the different storm events;

D. Summary table, with supporting calculations, which demonstrates that each post-construction stormwater management practice has been designed in conformance with the sizing criteria included in the technical standards, as further described in 15 RCNY § 19.1-03.3(a)(4) above; and

E. Identification of any elements of the design that are not in conformance with the performance criteria in the technical standards. Include the reason or reasons for the deviation or alternative design and provide information, which demonstrates that the deviation or alternative design is equivalent, to the technical standards.

(vi) Soil testing results and locations (test pits, borings);

(vii) Infiltration testing results and locations when an infiltration practice will be implemented;

(viii) An operations and maintenance plan that includes inspection and maintenance schedules and actions, to ensure continuous and effective operation of each post-construction stormwater management practice. The plan must identify the entity that will be responsible for the long-term operation and maintenance of each practice;

(ix) For flood management projects, the SWPPP must include an analysis of the impact of the project on existing water quality of receiving waters;

(x) For covered development projects located in the watersheds identified in Appendix 1 of the NYC MS4 permit NY-0287890, or most current, and for which there is an increase in impervious area, the SWPPP must include a pollutant loading analysis that demonstrates that the proposed post-construction stormwater management practices meet the no net increase requirement as further provided in the New York City Stormwater Manual; and

(xi) Plans, drawings and maps that are part of the SWPPP must be submitted, at a scale not smaller than 1" = 50' unless otherwise specified by the department.

(6) Additional requirements for projects that disturb five acres or more. The owner or developer of a development activity must not disturb greater than five acres of soil, at any one time without prior written authorization from the department., at a minimum, the owner or developer must comply with the following requirements in order to be authorized to disturb greater than five acres of soil, at any one time:

(i) The owner or developer must have a qualified inspector conduct, at least two site inspections in accordance with the NYSDEC construction general permit every seven-calendar days, for as long as greater than five acres of soil remain disturbed. The two inspections must be separated by a minimum of two full calendar days;

(ii) In areas where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within seven days from the date the current soil disturbance activity ceased. The soil stabilization measures selected must be in conformance with the technical standard, New York State Standards and Specifications for Erosion and Sediment Control, dated November 2016;

(iii) The owner or developer must prepare a phasing plan that defines maximum disturbed area per phase and shows required cuts and fill; and

(iv) The owner or developer must install any additional site-specific practices needed to protect water quality.

(7) Application review and determinations.

(i) The department or a qualified professional employed by the City of New York will review applications for compliance with the NYSDEC construction general permit and these rules.

(ii) The department will issue a determination within 45 days of submittal of the complete application and fee, to the department. However, with respect to submissions that include non-conforming designs per 15 RCNY § 19.1-03.3(b)(3)(iv)(O) and 15 RCNY § 19.1-03.3(b)(4)(v)(E), the department will issue a determination within 60 days of submittal of the complete application and fee, to the department.

(iii) If an application meets the standards set forth herein, the department will provide the applicant with a SWPPP acceptance form. If the developer does not obtain a stormwater construction permit for the project within two years from the date of issuance of the SWPPP acceptance form, the plan approval will expire and a new permit application must be submitted.

(iv) If an application does not meet the standards set forth herein, the department will send notice, to the developer indicating the specific deficiencies that caused the department to reject the application. Applicants may re-apply upon addressing the deficiencies.

(8) Issuance of the Stormwater Construction Permit.

(i) Permit issuance under the rule is not subject to environmental review, pursuant to 6 NYCRR § 617.5(c)(25).

(ii) The owner or developer must file a Permit Initiation Form, including the name and contact information for a qualified inspector.

(iii) Before the department will issue a stormwater construction permit for an MS4 project, the applicant must provide a copy of the NYSDEC SPDES permit number and NOI acknowledgement letter.

(iv) The contractor with primary responsibility for the project site must file a Permit Request Form that includes a certification that the contractor will comply with these rules, with the SWPPP and with the terms and conditions of this permit, and provides credentials for the trained contractor who will be responsible for overseeing day-to-day operations, at the project site during construction.

(v) When the department requires post-construction stormwater management practices, it must not issue a stormwater construction permit for the project until the execution and recording of a maintenance easement, as follows:

A. The maintenance easement will be binding on all subsequent owners of the real property served by such post-construction stormwater management practice.

B. The maintenance easement must provide for access to post-construction stormwater management practices, at reasonable times in accordance with the law for periodic inspection by the department or qualified professionals authorized by the department, to ensure that such practices are maintained in good working condition to meet the applicable design standards.

C. The grantor must record the maintenance easement in the office of the city register or, if applicable, the county clerk, after approval by the corporation counsel.

D. A maintenance easement is not required when the corporation counsel has determined that such a maintenance easement is not necessary due, to the property's ownership or use by a public agency or instrumentality. For post-construction stormwater management practices subject to such an exception, when there is a subsequent conveyance or cessation of public use, the corporation counsel may require the execution and recording of a maintenance easement, at that time.

(9) Permit conditions.

(i) The applicant and all contractors and subcontractors responsible for implementation of the SWPPP must comply with these rules, the SWPPP, NYSDEC construction general permit, if applicable, and the terms and conditions of the stormwater construction permit.

(ii) A stormwater construction permit must be renewed every two years from date of issuance.

(iii) An application for permit renewal for two years or for a permit extension for up to one year must be submitted, to the department, pursuant to 15 RCNY § 19.1-03.3(b)(10).

(iv) The contractor or developer must notify the department no fewer than 7 days prior, to the start of development activity.

(v) A copy of the permit must be retained and displayed, at the site of the development activity during construction, from the date of initiation of development activities, to the date of final stabilization of the site.

(vi) A copy of the approved SWPPP must be retained, at the site of the development activity from the date of initiation of development activities, to the date of final stabilization

(vii) The developer must have a trained contractor inspect daily the erosion and sediment control practices and pollution prevention measures being implemented within the active work area, to ensure that they are being maintained in effective operating condition, at all times. The trained contractor must document (e.g., log) these daily inspections. If deficiencies are identified, the contractor shall begin implementing corrective actions within one business day and shall complete the corrective actions in a reasonable time frame.

(viii) The developer must have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days, as detailed in the NYSDEC construction general permit. If deficiencies are identified, the contractor must begin implementing corrective actions within one business day and must complete the corrective actions in a reasonable timeframe.

(ix) The developer must notify the department of an anticipated temporary shutdown a minimum of seven days before the shutdown, and must submit documentation showing that the site is stable and that all stormwater management practices are operational. The developer will be responsible for having a qualified inspector visit the site and inspect it, at least once every 30 days during the shutdown. In addition, all permits must be kept current during the suspension of development activity.

(x) If the developer terminates construction without completing the project, the developer must submit a closure plan demonstrating that the site will remain stable and that all completed stormwater management practices are operating as designed and in compliance with department rules. Any project that has post-construction stormwater management practices that are constructed and operating must comply with 15 RCNY § 19.1-03.3(c).

(xi) All amendments, to the SWPPP must be submitted, to the department.

(xii) Major amendments, to the SWPPP must be submitted, to the department and will be processed and approved or disapproved in the same manner as the original SWPPP. An application must be accompanied by a $1,000 fee per disturbed acre for processing of the amendment. Major amendments include, but are not limited to:

A. Changes to structural stormwater management practices; or

B. Changes that require new stormwater modeling or changes to modeling methodology.

(10) Expiration and extension of plan approval and permit, and permit renewal.

(i) A plan approval will expire if the permit is not requested within two years of issuance of the SWPPP acceptance form. The department may, upon written presentation of sufficient justification for delay and a fee of $1,000 per disturbed acre, made 30 days prior, to the expiration of a plan approval, grant an extension of time of up to one year to request a permit. If the plan approval expires, a new permit application must be submitted.

(ii) A stormwater construction permit will expire if:

A. The commencement of development activities does not take place within one year of the permit issuance; or

B. Development activity is not completed by a date specified in the permit; or

C. The permitted work is suspended or abandoned for a continuous period of 12 months (or less than 12 months if the permit expires earlier).

(iii) The department may, upon written presentation of sufficient justification for delay and a fee of $1,000 per disturbed acre made 30 days prior, to the expiration of a permit, grant a one-time extension of time of up to one year to begin or complete the work prescribed under the permit. Expired permits will require re-application as detailed in the permit conditions.

(iv) An application for permit renewal for two years must be submitted, to the department no less than 30 days prior, to the permit expiration date and must be accompanied by a processing fee in the amount of $1,000 dollars in addition to a $2,000 dollar fee per acre of land disturbed.

(11) Notice of Termination.

(i) An owner or developer of a covered development project that has completed all development activities must submit a completed NOT, to the department for sign-off prior to submitting the NOT to NYSDEC. The department will review the completed NOT, to ensure that the following conditions have been met:

A. All development activities identified in the SWPPP have been completed;

B. All areas of disturbance have achieved final stabilization;

C. All temporary structural erosion and sediment control measures have been removed; and

D. Any post-construction stormwater management practices identified in the SWPPP have been constructed in conformance with the SWPPP and are operational.

(ii) An owner or developer of a covered development project that requires a planned shutdown with partial project completion must submit a completed NOT, to the department for sign-off prior to submitting the NOT to NYSDEC. The department will review the completed NOT, to ensure that the following conditions have been met:

A. All soil disturbance has ceased;

B. All areas disturbed as of the project shutdown date have achieved final stabilization;

C. All temporary structural erosion and sediment control measures have been removed; and

D. Any post-construction stormwater management practices required for the completed portion of the project have been constructed in conformance with the SWPPP and are operational.

(1) Permit application.

(i) Upon final stabilization of the site, covered development projects requiring a SWPPP that includes post-construction stormwater management practices under these regulations will be required to obtain and maintain a stormwater maintenance permit.

(ii) To obtain a permit, an owner must file an application on the department's website. The application must be accompanied by the following:

A. NYSDEC NOT as provided for under 15 RCNY § 19.1-03.3(b)(11);

B. As-built plan of the site's stormwater management practices, including inverts in and out of all structures, at a scale no less than 1" to 50' in an electronic format acceptable, to the department signed and sealed by a qualified professional;

C. An operation and maintenance manual, in an electronic format acceptable, to the department;

D. Name and contact information for the person or company designated to maintain the practices; and

E. Sewer certification, as required by the department (pursuant to 15 RCNY Chapter 19).

(2) Post-construction stormwater management practices are not required for the following covered development projects:

(i) Covered development projects identified as activities that require only an erosion and sediment control component in the NYSDEC construction general permit except for the installation of underground, linear utilities, such as gas lines, fiber-optic cable, cable TV, electric, telephone, sewer mains, and water mains; and

(ii) Installation of underground, linear utilities, such as gas lines, fiber-optic cable, cable TV, electric, telephone, sewer mains, and water mains where surface will be restored, to the existing condition.

(3) Permit conditions.

(i) The Maintenance Entity must document (e.g., log) any maintenance activities undertaken pursuant, to the operation and maintenance plan.

(ii) The owner must submit, to the department annually, not more than 30 days before and not later than the anniversary date of the issuance of the stormwater maintenance permit, a certification signed by the owner that the stormwater management practices are operating as designed.

(iii) The owner of the site must renew the stormwater maintenance permit every five years. An application for renewal must be submitted, to the department no less than 30 days prior, to the permit expiration date and must be accompanied by a report certified by a qualified professional that the stormwater management practices are operating as designed and a fee of $1,500.

(iv) A licensed professional engineer must perform inspections and certifications of any post-construction stormwater management practices that include structural components, such as a dam for an impoundment.

(v) The owner of the site must notify the department of any sale or conveyance of the premises and must provide the name of and contact information for the new owner.

(4) Modification of a practice covered by a stormwater maintenance permit.

(i) Should the owner wish to modify a stormwater management practice covered by a stormwater maintenance permit, the owner must submit an application for modification of the stormwater maintenance permit (available on the department's website).

(ii) The application for modification of the stormwater maintenance permit must include calculations and supporting documentation to demonstrate that the practice is, at least as protective of water quality as the existing practice and that it controls stormwater flows as required by the NYSDEC construction general permit.

(iii) The department will review the application following the criteria for new applications.

(5) Inspections. As also provided in 15 RCNY § 19.1-03.2, the department or an authorized inspection agent may conduct periodic inspections, to ensure that post-construction stormwater management practices are maintained in good working condition to meet the applicable design standards.

(6) Recordkeeping. The owner must keep and maintain records of all required post-construction inspections and tests for five years after performance of such inspections or tests. The owner must keep and maintain all as-built drawings for the life of the post-construction stormwater management practice.

(7) Should any provision of these rules and a provision in the NYS construction general permit differ, the more stringent of the two provisions will apply.

(Added City Record 4/1/2019, eff. 6/1/2019; amended City Record 2/15/2022, eff. 2/15/2022; amended City Record 1/2/2024, eff. 2/1/2024)

§ 19.1-03.4 Selecting SMPs Using the SMP Hierarchy.

(a) SMPs must be selected, using the SMP hierarchy, as follows, and as more fully described in the NYC Stormwater Manual:

(1) Vegetated retention practices must be used, to the maximum extent practicable to meet requirements.

(2) Where vegetated retention practices are not possible or cannot meet the entire runoff reduction volume due to site constraints, the site constraints must be documented in the SWPPP and non-vegetated retention practices must be used, to the maximum extent practicable to meet requirements.

(3) Where both vegetated and non-vegetated retention practices are not possible or cannot meet the entire runoff reduction volume due to site constraints, the site constraints must be documented in the SWPPP and:

(i) In the combined sewer service area, any remaining requirements must be met using either vegetated or non-vegetated detention practices;

(ii) In the MS4 area, any remaining requirements must be met using either vegetated or non-vegetated treatment practices.

(b) When SMPs are deemed infeasible due to site constraints, including soil, subsurface, "hotspot," surface and space constraints, the designer must provide the appropriate documentation that demonstrates each constraint.

(c) All documentation for constraints and justification for the selection of practices must be included in the SWPPP and are subject to review and approval by the Department.

(Added City Record 2/15/2022, eff. 2/15/2022)

§ 19.1-04 Effective Date.

In accordance with subdivision 2 of section 22 of local law number 97 for the year 2017 the effective date of sections 4 and 8 through 21 of such local law shall be the same as the effective date of these rules, which shall be June 1, 2019.

(Added City Record 4/1/2019, eff. 6/1/2019)

Appendix: New York City Stormwater Manual

To view or download the New York City Stormwater Manual, click here.
To view or download the various appendices to the New York City Stormwater Manual, click below:
   Appendix A: Stormwater Management Practice Hierarchy Checklist
   Appendix B: Nitrogen No Net Increase Calculator Guide
   Appendix C: Stormwater Management Practice Siting Criteria
   Appendix D: Stormwater Management Practice Sizing Examples
   Appendix E: Site Design Example
   Appendix F: Controlled-Flow Pump Workbook [Excel format]
   Appendix G: Detention in Series Workbook and Examples
      Workbook [Excel format]
   Appendix H: Right-of-Way Guidance Materials
      Tracking Form [Excel format]

(Added City Record 2/15/2022, eff. 2/15/2022; amended City Record 1/2/2024, eff. 2/1/2024; amended City Record 8/30/2024, eff. 9/29/2024)

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