Southtowns Record

PBA06.11.2026packet

Government
Town of West Seneca
Board
Planning Board
Meeting
Jun 11, 2026, 6:00 p.m.
Posted by publisher
Jun 3, 2026
Kind
Agenda packet
Topics
Water, sewer and drainage, Housing, Zoning and land use, Roads and traffic, Parks and recreation, Budget and taxes, Public safety

Original document

Same meeting

Text · page 569 of 849

Read the whole document on one page (all 849 pages, each with its own heading)

101  SCOPE

A.  PURPOSE: Brian Hellery & William Sahlem have placed an emphasis on following the New York State
  Department of Environmental Conservation (NYSDEC) SPDES General Permit for Stormwater Discharges
  from Construction Activity governing storm water discharges during construction, and in accordance with
  erosion control practices. The Contractor’s participation in this program is mandatory and its non-
  compliance is subject to various remedies, including without limitation, monetary set-offs, withholding
  payments; reimbursement for costs, expenses (including reasonable attorney’s fees), fines and civil
  penalties incurred by the owner; and/or liquidated damages. This section provides a descriptive
  explanation of the owner’s Storm Water Pollution Prevention Program and required Contractor
  participation.

  The Engineer of record for this project certifies that this SWPPP meets the requirements and is in
  compliance with the New York State Stormwater Management Design Manual and latest NYSDEC Phase II
  stormwater regulation requirements.

B.  SPDES General Permit for Stormwater Discharges from Construction Activity: Regulations promulgated
  by the NYSDEC to regulate the discharge of storm water from construction activities on sites where more
  than one (1) acre of soil is disturbed. One of the ways to comply with these regulations for affected sites
  is to request coverage under the General Permit for Construction Activities for New York State. In order
  to use the General Permit, a Notice of Intent (NOI) form must be completed and electronically submitted
  to the NYSDEC at least 5 business days prior to any earth-disturbing activities (this time frame may
  increase to 60 business days if a full review of the SWPPP is determined necessary by the NYSDEC) and a
  Storm Water Pollution Prevention Plan (SWPPP) for the site must be prepared and followed during the
  construction activities. Once a copy of the SPDES permit is received from NYSDEC, a copy will be included
  in Appendix F of this report.

Approval from a regulated, traditional land use control MS4:

  1.  An owner or operator of a construction activity that is not subject to the requirements of a
  regulated, traditional land use control MS4 must first develop a SWPPP in accordance with all
  applicable requirements of this permit and then submit a completed NOI form to the NYSDEC.

  2.  An owner or operator of a construction activity that is subject to the requirements of a
  regulated, traditional land use control MS4 must first develop a SWPPP in accordance with all
  applicable requirements of this permit and then have its SWPPP reviewed and accepted by the
  MS4 prior to submitting the NOI to the NYSDEC. The owner or operator shall have the “MS4
  SWPPP Acceptance” form signed by the principal executive officer or ranking elected official
  from the regulated, traditional land use control MS4, or by a duly authorized representative of
  that person, and then submit that form along with the NOI to the address referenced under
  “Notice of Intent (NOI) Submittal”.

C.  RESPONSIBILITIES OF THE CONTRACTOR: The Contractor shall manage the discharge of storm water from
  the site in accordance with the NYSDEC General Permit for Construction Activities conditions and the
  following provisions of this section. The Operator shall be responsible for conducting the storm water
  management practices in accordance with the permit. The Contractor shall be responsible for providing
  qualified inspectors to conduct the inspections required by the SWPPP. The Contractor shall be
  responsible for any enforcement action taken or imposed by federal, state, or local agencies, including
  the cost of fines, construction delays, and remedial actions resulting from the Contractor’s failure to
  comply with the permit provisions. It shall be the responsibility of the Contractor to make any changes to
  the SWPPP necessary when the Contractor or any of his subcontractors elects to use borrow or fill or

Multifamily Development
5/26/26
Page 3 of 23

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