(1) All SWPPPs shall provide the following background information and erosion and sediment controls. See § 360-4.12B(1).

(2) Land development activities, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 10,000 square feet that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules 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, and described in the New York State Stormwater Management Design Manual or any subsequent version and the New York State Standards for Erosion and Sediment Control (2005) or any subsequent version, including those capable of mitigating the water quantity impacts from the 100-year storm event in Rockland County, New York 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 10,000 square feet or more of land during the project with single-family residences exempt from water quality control.

(c) Condition C: Stormwater runoff resulting in a land disturbance greater than one acre and construction activities at agricultural properties.

(3) SWPPP requirements for Conditions A, B and C. See § 360-4.12B(3).
(4) 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.

(5) 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, the 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.

(6) 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.

C. Performance and design criteria for stormwater management and erosion and sediment control. See § 360-4.12C.

D. Maintenance, inspection and repair of stormwater facilities.

(1) 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.

(2) Maintenance and inspection during construction.

(a) 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 Chapter 295: Stormwater Management. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(b) For land development activities as defined in Subsection A , above, of this article and meeting Condition A, B or C in § 360-4.12B(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 logbook.
 

(3) 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 Village of Nyack to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and Chapter 295: Stormwater Management. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village of Nyack.

(4) Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article and Chapter 295: Stormwater Management, shall ensure they are operated and maintained to achieve the goals of this article and Chapter 295: Stormwater Management. Proper operation and maintenance also includes, as a minimum, the following:

(a) 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 Chapter 295, Stormwater Management.
(b) Written procedures for operation and maintenance and training new maintenance personnel.
(c) Discharges from the Stormwater Management Practices (SMPs) shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 360-4.12C(3).
 

(5) Maintenance agreements. The Village of Nyack 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 in the sample stormwater control facility maintenance agreement on file in the Village offices. The Village of Nyack, 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 Chapter 295: Stormwater Management, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.