[Adopted 12-16-2015 by L.L. No. 3-2015]
As used in this chapter, the following terms shall have the
meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
The activities associated with producing crops or raising
livestock for economic gain, as further defined in 6 NYCRR 663.2(c).
A property owner or agent of a property owner who has filed
an application for a land disturbance activity or stormwater management
permit.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity which removes the vegetative surface cover.
The County of Monroe.
The deliberate appropriation of property by its owner for
general public use.
An individual(s) directed by the Town of Penfield to conduct
site inspections and/or perform other municipal duties.
The holding of natural surface water during and following
a rainfall event, or during snow melt conditions, in an area planned
for such use, in such a way that the addition of the detained water
to downstream drainageways or natural watercourses can be achieved
in a controlled manner.
The gravitational movement of water from its place of origin
via surface runoff within or outside developed channels or via subsurface
underflow.
The area drained by a watercourse; used interchangeably with
"watershed."
A network consisting of any combination or type of open channels
and enclosed artificial facilities and/or retention or detention facilities
employed to convey or control the runoff of natural surface waters.
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
The boundary of a maintenanceway easement adjacent to a portion
of a drainage system within which no building or structure shall be
erected and within which no trees, bushes or other vegetation shall
be planted or allowed to grow which will interfere with the maintenance
of the drainage channel, unless otherwise allowed, as in an agricultural
exclusion. (See EPOD requirements.)
Measures that minimize erosion.
The removal of sand, gravel, soil, including topsoil or other
natural deposits, by stripping, digging or any other means.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this chapter.
The depositing of natural or artificial material that raises
the existing grade of land or modifies the surfaces of water bodies.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures, such as the use of mulches or
geotextiles, have been employed on all unpaved areas and areas not
covered by permanent structures.
The area of normally dry terrain that becomes covered with
water during and after local or upstream rainstorms and/or ice melt
conditions. The floodplain for a specific watercourse may be defined
in terms of the severity of the precipitation event which causes the
flooding. Floodplains may be determined from maps prepared by the
U.S. Army Corps of Engineers, by the Federal Flood Insurance Administration
(FIA) or as a result of special engineering studies.
The quantity of water which moves past a given point in a
specified increment of time, usually measured in cubic feet per second
(cfs).
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land disturbance activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A document issued by a financial institution authorized to
conduct business in New York State, which guarantees the payment of
a customer's drafts for a specified period and up to a specified
amount.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
The most recent version of this publication, which is commonly
known as the "Blue Book."
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A stormwater management measure located outside the subject
property boundary.
A bond underwritten by a surety in the contract amount to
guarantee that the contractor will perform the required work according
to the contract specifications.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
The replenishment of underground water reserves.
Reconstruction or modification to any existing, previously
developed land such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. Redevelopment is
distinguished from development or new development in that new development
refers to construction on land where there had not been previous construction.
Redevelopment specifically applies to construction areas with new
impervious surface.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
The deposition of soil carried by floodwaters.
Measures that prevent eroded sediment from leaving the site.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements, which show the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
The first land disturbance activity associated with a development,
including: land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
A nationally approved program with permits issued in accordance
with the Environmental Conservation Law that authorizes stormwater
discharges from certain construction activities to waters of the United
States.
An order issued which requires that all construction activity
on a site be stopped.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The flow on the surface of the ground, resulting from precipitation.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
The removal of overburdened, topsoil, soil, vegetation or
other natural material from land.
That portion of natural precipitation which moves across
the land surface, as sheet flow or as channelized flow to permanent
watercourses.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A shallow, relatively wide drainage channel or area, with
flatter side slopes than a ditch, usually covered with grass or other
natural vegetation.
The natural surface layer of an undisturbed area of terrain,
usually darker than the underlying layer, ranging in organic matter
content from 2% to 50%.
The Town of Penfield.
The speed of water, usually related in feet per second (fps).
A quantity of water, usually related in cubic feet (cf).
An earthen structure to convey stormwater. It may be natural
or man-made and may flow seasonally or year-round.
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
The area drained by a watercourse, usually divided by a ridge
or crest line of natural topography but sometimes by man-made constructions
(same as "drainage basin").
A channel that directs surface runoff to a watercourse or
to the public storm drain.
Lands and submerged lands commonly called "swamps" or "marshes"
which support aquatic or semiaquatic vegetation, plants or brush.
An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
