The following activities are exempt from the stormwater management
requirements of this Part 1.
A. Agricultural activity as defined in this Part 1.
B. Logging activity undertaken pursuant to an approved timber management
plan prepared or approved by the County Soil and Water Conservation
District or the New York State Department of Environmental Conservation,
except that landing areas and log haul roads are subject to this Part
1.
C. Routine maintenance activities that disturb less than five acres
or are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a stormwater management facility.
D. Repairs to any stormwater management practice or facility deemed
necessary by the municipality or its designee.
E. Any part of a subdivision if a plat for the subdivision has been
approved by the Town of New Hartford on or before the effective date
of this Part 1.
F. Land development activity(ies) for which a building permit has been
approved on or before the effective date of this Part 1.
G. Creation of graves at cemeteries.
H. Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I. Emergency activity immediately necessary to protect life, property
or natural resources.
J. Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that person
and his or her family.
K. Landscaping and horticultural activities in connection with an existing
structure.
L. Cutting trees for firewood or personal uses.
As used in this Part 1, the following terms shall have the meanings
indicated:
AGRICULTURE
The raising for profit/gain of fruits, grains, vegetables
and the like and structures incident thereto but not including the
raising or keeping of animals. "Agriculture," as defined in this Part
1, does not include all of the uses defined as agricultural uses in
New York's Agriculture and Markets Law.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
BUILDING
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or chattels. When a building is divided
into separate parts extending from the ground up, each part so divided
is deemed a separate building.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
COMMERCIAL RECREATION
Outdoor facilities, operated as a business and open to the
public with facilities for uses such as horseback riding, swimming,
golf courses, driving ranges, miniature golf and outdoor and open
air live theater.
DEDICATION
The deliberate appropriation of property from its owner by
a municipality for general public use.
DESIGN MANUAL
The New York State Stormwater Design Manual, most recent
version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
DEVELOPER
A person or entity which undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
FAMILY
A single person; two or more persons related by blood or
marriage; persons who are formally parties in a domestic partnership
entered into pursuant to the laws of the United States or any state;
or one or more persons acting as parental guardians for other household
occupants.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of at least 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 development
activities may take place at different times on different schedules.
LANDOWNER
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.
LOGGING ACTIVITY
Clearing and removal of trees as part of a business enterprise
on land in excess of one acre in size except for personal use or property
maintenance.
MAINTENANCE AGREEMENT
A legally recorded document which places restrictions on
the use or enjoyment of real property (e.g., deed restrictions), and
which provides for long-term maintenance of stormwater management
practices.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
PROJECT
Land development activity or proposed land development activity.
RECHARGE
The addition of water to an aquifer or to a pumping well;
the replenishment of underground water reserves; also, the amount
of water added to an aquifer or a pumping well. Recharge is typically
expressed as a rate, e.g., inches per year or gallons per day.
SENSITIVE AREAS
Cold-water fisheries, groundwater recharge areas, water supply
reservoirs, habitats for threatened, endangered or special concern
species.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued by the Codes Enforcement Officer or agency
with jurisdiction over a particular activity which requires that all
construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on recognized or generally accepted monitoring
studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
SURFACE WATERS OF THE STATE OF NEW YORK
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.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
WETLAND
Any area where water is at or near the surface of the ground
each year to promote the formation of hydric soils or hydrophytes
(water-loving plants).