Section 24-526.1. Sustainable stormwater management

a. Definitions. For the
  purposes of this section  only,  the  following  terms  shall  have  the
  following meanings:
    1. "Best Management Practices" or "BMPs" mean source control measures.
    2.  "Bioretention"  means  using living vegetative systems to capture,
  store, and cleanse stormwater. Bioretention may be  achieved  by,  among
  other things, rain gardens, vegetated buffers, swales, and medians.
    3.  "Bluebelt"  means  engineered and natural aquatic systems, such as
  existing wetlands, streams and ponds, that control the movement of water
  and prevent flooding, as an alternative to constructing storm sewers.
    4. "Blueroof" means a rooftop detention system.
    5. "Cisterns" means storage tanks that are used to capture  and  store
  rainwater and other precipitation.
    6. "City" means the city of New York.
    7.  "Downspout disconnections" means disconnecting downspouts from the
  sewer system, such that water from downspouts drains  into  bioretention
  devices, cisterns, or other stormwater control devices.
    8.  "Green  roof" means a living vegetative system partially or wholly
  covering a roof.
    9. "Green street" means a  street  that  incorporates  environmentally
  beneficial  engineering techniques into its design, including vegetative
  source control measures.
    10. "Green wall" means a living vegetative system partially or  wholly
  covering a wall.
    11.  "Grey-water  reuse"  means  reuse  of  wastewater  for beneficial
  purposes such as irrigation.
    12. "High level storm sewer" means a storm sewer in  which  the  catch
  basin  connection is removed from the combined sewer under streets or in
  the public right-of-way and connected to a new  storm  sewer  that  will
  convey  stormwater  directly  to  ambient  surface  waters. As a general
  matter this type of separation is also called "partial separation."
    13. "Loading" means an amount of matter  that  is  introduced  into  a
  receiving waterbody.
    14.  "Non-technological  measure" or "non-technological source control
  measure" means a source control measure that does not use technology  to
  control  stormwater,  such as operational strategies, procedural changes
  to design and construction protocols, or performance standards.
    15. "Office" shall mean such office  or  agency  as  the  mayor  shall
  designate.
    16.  "Permeable  pavement"  means  any  area  paved with material that
  permits water  penetration  into  a  suitably  designed  discharge  bed.
  Permeable  pavement may consist of any porous surface materials that are
  installed, laid, or poured.
    17.  "Pollution  loading"  means  an  amount  of  pollutants  that  is
  introduced into a receiving waterbody.
    18. "Rain barrel" means a barrel used to hold rainwater.
    19.  "Source control measure" means any stormwater management practice
  designed to reduce and/or slow the flow of stormwater  into  a  combined
  sanitary and stormwater sewer or a separate stormwater sewer, including,
  but  not  limited  to,  any  such practices commonly referred to as "Low
  Impact Development" or "Best Management Practices."
    20. "Subgrade storage chambers" means underground  stormwater  storage
  facilities  that  are  designed to hold stormwater to prevent such water
  from entering combined or other sewer systems.
    21. "Technological measure" or "technological source control  measure"
  means  a  source  control  measure  that  uses  a  technology to control
  stormwater, such as rooftop detention or a constructed bioswale.

    22. "Tree cover" means the extent to which an area is covered  by  the
  canopy of living trees.
    23.  "Tree  pit  design"  means  the specifications according to which
  space is created for the planting of trees in paved areas, including but
  not limited to the depth and breadth of the planting area, the  type  of
  soil,  and the type of barrier, if any, constructed around the perimeter
  of the planting area.
    24. "Vegetative source control measure" means a source control measure
  that relies on living vegetative systems to reduce and/or slow the  flow
  of  stormwater  into  a  combined  sanitary  and  stormwater  sewer or a
  separate stormwater sewer.
    25. "Waterbody means any river, tidal estuary, bay, creek,  canal,  or
  other body of surface water.
    b.  Development  of  sustainable  stormwater  management  plan. 1. The
  office  shall  develop  a  proposed  and  final  sustainable  stormwater
  management   plan.   Such  plan  shall  identify  and  provide  for  the
  implementation  throughout  the  city,  on  both  public   and   private
  properties,  of  efficient,  effective,  and  feasible technological and
  non-technological source control measures to reduce the volume of  water
  flowing  into the city's sewer system and the pollution loadings carried
  by stormwater into the city's waterbodies. The  overall  goals  of  such
  plan shall be to reduce the volume of stormwater flowing into the city's
  sewer  system, to improve water quality in the city's waterbodies and to
  protect the public health through the restoration and protection of  the
  ecological  health  of  the  city's  waterbodies, and to enhance use and
  enjoyment of the city's waterbodies for recreational activities.
    2. No later than October 1, 2008, the  office  shall  submit  a  draft
  sustainable  stormwater  management  plan that meets the requirements of
  this section to the mayor, speaker of the council, and  the  public  for
  review  and  comment.  Submission to the public may be made by posting a
  draft plan on the internet.
    3. Two months after the release of the draft plan, but no  later  than
  December 1, 2008, the office shall submit a final sustainable stormwater
  management  plan  that  meets  the  requirements  of this section to the
  mayor, speaker of the council,  and  the  public.  Such  plan  shall  be
  reviewed  and  revised by the office as necessary to achieve such plan's
  goals; provided that such review must occur at  least  once  every  four
  years.  Any  such revisions and the reasons for such revisions should be
  clearly indicated in such plan.
    4. No later than October 1, 2010, and no later than October 1 of every
  second year thereafter, the office shall submit a report to  the  mayor,
  the speaker of the council, and the public, which shall include, but not
  be limited to, the implementation status of the measures included in the
  plan  prepared  pursuant  to  this subdivision, including a quantitative
  assessment, where  susceptible  to  quantification,  and  a  qualitative
  assessment  of the progress made toward achieving each of the milestones
  identified in such plan and, where  revised,  an  explanation  for  such
  revision.
    c.  Plan elements. The plan prepared pursuant to subdivision b of this
  section, as it may be revised pursuant such section, shall  include  but
  not be limited to the following:
    (1)  a statement of goals related to reducing the volume of stormwater
  flowing into the city's sewer system, improving  water  quality  in  the
  city's waterbodies, protecting the public health through the restoration
  and  protection  of  the  ecological  health  of the city's waterbodies,
  enhancing use and enjoyment of the city's waterbodies  for  recreational
  activities,  and  such  other  aspects  of  stormwater management deemed
  appropriate.

    (2)  an  identification  and  description  of  the  technological  and
  non-technological  measures  included  in such plan, including, for each
  such measure, (i) a statement  regarding  the  general  site  conditions
  required  and  types  of properties where each such measure is typically
  feasible  for  implementation  and  (ii)  identification to the greatest
  extent feasible of the areas in the city that satisfy  those  conditions
  and  a  prioritization  of  such  areas  according  to  the magnitude of
  potential benefits achievable through implementation of  source  control
  measures;
    (3)  for each of the technological measures included in such plan, (i)
  an identification of the agencies and/or offices of the city that  would
  oversee  and/or be responsible for constructing, permitting or otherwise
  approving or promoting such  measures  and  (ii)  any  prerequisites  to
  adoption  of  such  technological measures, including but not limited to
  technical studies, pilot projects, funding and budgetary considerations,
  and federal, state or local legislative or regulatory action;
    (4) for each of the non-technological measures included in such  plan,
  (i)  an  identification  of  protocol amendments and the agencies and/or
  offices of the city that would be responsible for adopting such measures
  and (ii) any prerequisites to adoption of such measures,  including  but
  not  limited to funding and budgetary considerations, and federal, state
  or local legislative or regulatory action;
    (5) descriptions  of  any  modeling  methodologies  used  to  identify
  technological  measures,  a statement of all inputs used to complete any
  modeling run, and the results of any modeling, or a compilation of other
  supporting data, whether derived from a model or not;
    (6) for  each  of  the  specific  goals,  measures  and  prerequisites
  included  in  such  plan,  (i)  a timeline setting forth target dates to
  achieve interim and final  milestones,  including  but  not  limited  to
  protocols  for  monitoring,  assessing,  and  reporting  progress toward
  achieving such milestones, provided that such  milestones  shall,  where
  susceptible  to  quantification,  be  expressed  quantitatively, and any
  potential prerequisites to achieving such milestones, including but  not
  limited  to  technical  studies,  pilot  projects, and federal, state or
  local  legislative  action  and   (ii)   identification   of   budgetary
  authorizations,  appropriations, or other allocations that are necessary
  to implement the measures and goals included in such plan;
    (7) protocols for signage and for a program of public notification  to
  inform  the  public  of  the  location  and occurrence of combined sewer
  overflow events, which such program shall include a mechanism  to  alert
  potential  users  of the waterbodies affected by combined sewer overflow
  events, through the use of radio, print  media,  internet,  311,  e-mail
  alerts  or  similar  modes of communication, of the estimated nature and
  duration of conditions that are potentially harmful  to  users  of  such
  waterbodies;
    (8)  a  methodology  to  be  used  for  quantitatively  measuring  the
  performance of source control measures undertaken  and/or  monitored  by
  the city where feasible;
    (9)  a summary of public input provided during the development of such
  plan, steps taken to solicit input pursuant to  subdivision  e  of  this
  section,  the  office's  responses  to comments received from the public
  pursuant to subparagraph (i) of paragraph 1 of  subdivision  e  of  this
  section,  and  a summary of steps the department has taken and will take
  to involve the public, including organizations and members of the public
  with relevant knowledge and expertise, in  the  implementation  of  such
  plan.
    d.  Initial assessment of measures. 1. In addition to any other source
  control measure the  office  deems  appropriate  in  the  plan  prepared

  pursuant  to  this  section,  the  office shall assess the technical and
  environmental feasibility, benefits,  costs  and  cost-effectiveness  of
  including the following source control measures:
    (i)  amending  the  protocols, procedures and/or rules and regulations
  applicable  to  the  scoping,  design,  preliminary  and  final   budget
  approval,  and operations and maintenance of city-owned or city-financed
  projects, to require the consideration of source  control  measures  and
  other stormwater controls at the earliest possible stage;
    (ii)  establishing  performance,  construction and/or design standards
  for the minimization and  control  of  stormwater  runoff  from  new  or
  existing roads, bridges, and other portions of the public right-of-way;
    (iii)  establishing  performance, construction and/or design standards
  for the minimization and  control  of  stormwater  runoff  from  new  or
  existing  public  open  space,  public  building  green roofs, parks, or
  plazas;
    (iv) requiring mandatory  technological  source  control  measures  on
  public  and  private property, including, but not limited to, bluebelts,
  green roofs, bioretention, tree cover and  tree  pit  design,  permeable
  pavement, wetland preservation and creation, green streets, green walls,
  blue  roofs,  rain barrels, cisterns, downspout disconnections, subgrade
  storage chambers, and grey-water reuse; provided that  such  plan  shall
  prioritize vegetative source control measures where feasible;
    (v)   creating   incentives,   including,  but  not  limited  to,  tax
  incentives,   grant   programs,   low-interest   financing,    expedited
  permitting, and restructuring of water and sewer rates, to encourage the
  owners  of  new  and existing private buildings to retrofit or construct
  such  buildings  and  improvements  with  appropriate   source   control
  measures;
    (vi)  amending  provisions  in  the building code, housing maintenance
  code, zoning resolution, and other applicable federal, state  and  local
  laws,  rules and regulations applicable to all new or existing public or
  private construction projects or property, to require the implementation
  of source control measures and  to  institute  quantitative  performance
  standards  for  the  minimum amount of stormwater that must be retained,
  detained, infiltrated, and/or reused on-site;
    (vii) using new and existing public open space, public building roofs,
  parks, and plazas for  detention,  retention,  infiltration,  reuse  and
  natural filtering of stormwater;
    (viii)  implementing  a public education program to increase awareness
  about the need to reduce the flow of stormwater into  the  city's  sewer
  systems  and  waterbodies,  and about specific methods and practices for
  doing so;
    (ix)  supplementing  high-level  storm  sewers  with  source   control
  measures to reduce stormwater runoff volume and/or pollutant loadings at
  sites  where  high-level  storm sewers are built, have been proposed, or
  are under consideration;
    (x) promoting water conservation;
    (xi) adapting ongoing ambient water  quality  monitoring  programs  to
  provide  for  regular collection of samples in the immediate vicinity of
  combined sewer outfalls during or immediately following  combined  sewer
  overflow events; and
    (xii)  encouraging  the development of existing and new local markets,
  job training, and employment opportunities to support the implementation
  and maintenance of source control measures.
    2. For purposes of the assessments carried out pursuant  to  paragraph
  one  of  this subdivision benefits considered shall be quantified to the
  greatest extent practicable and shall include, but not be limited to (i)
  water quality benefits to  particular  waterbodies,  stormwater  capture

  rates,  reductions  in  combined  sewer  overflow discharge volumes, the
  potential savings in hard infrastructure, construction  and  maintenance
  costs,  and  reduction  of  the  city's  operating  expenses  for sewage
  treatment  and  (ii)  non-water  quality  related  environmental, public
  health, aesthetic, and economic benefits, such as those associated  with
  cooling  and cleansing the air, reducing energy demand, sequestering and
  reducing  emissions  of  greenhouse  gases,  beautifying  neighborhoods,
  providing habitat for birds and other wildlife, and developing new local
  markets that can stimulate job growth.
    e.  Public  input. 1. The office shall solicit public input during the
  development of the plan prepared  pursuant  to  subdivision  b  of  this
  section. Opportunities for such input shall include, at a minimum, (i) a
  thirty day comment period immediately following the release of the draft
  plan  pursuant  to this section, at which time the office shall consider
  all comments received on such plan and (ii) quarterly public  forums  at
  which  representatives  of  the  office  shall  provide  updates  on the
  office's progress in  preparing  such  plan  and  invite  feedback  from
  participants.  The  office  shall  respond  to  all substantive comments
  received  pursuant  to  subparagraph  (i)  of  paragraph   1   of   this
  subdivision.
    2.  The  office shall involve the public and organizations and members
  of  the  public  with  relevant   knowledge   and   expertise   in   the
  implementation of the measures included in such plan.
    f.  Each management report and preliminary management report submitted
  to the council by the mayor pursuant to section 12 of the New York  city
  charter  shall include, with respect to each agency or office identified
  in paragraphs 3 and 4 of subdivision c  of  this  section,  quantitative
  indicators of progress towards implementing the measures included in the
  plan prepared pursuant to subdivision b of this section.