[Adopted by the Town Board of the Town of
Webster 12-6-2007 by L.L. No. 5-2007 (Ch. 190 of the 1991
Code). Amendments noted where applicable.]
As used in this article, the following terms
shall have the meanings indicated:
AGRICULTURAL ACTIVITY
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.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land disturbance activity.
CLEARING
Any activity which removes the vegetative surface cover.
DESIGNATED AGENT
Individual(s) directed by the Town of Webster Department
of Public Works to conduct site inspections and/or perform other municipal
duties.
EARTHWORK
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill, that result in land disturbance.
FINAL STABILIZATION
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.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
LAND DISTURBANCE ACTIVITY
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet 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.
LICENSED/CERTIFIED PROFESSIONAL
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).
NEW YORK STATE STORMWATER MANAGEMENT DESIGN MANUAL
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.
PHASING
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
QUALIFIED PROFESSIONAL
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.
RESPONSIBLE INDIVIDUAL
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.
SILVICULTURAL ACTIVITY
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
SITE
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
SITE PLAN APPROVAL
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.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
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.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
STORMWATER MANAGEMENT OFFICER
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.
STORMWATER RUNOFF
The flow on the surface of the ground, resulting from precipitation.
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.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
This article shall be applicable to all land disturbance activities that will disturb greater than or equal to 25,000 square feet of land unless exempted under §
289-7C of this article. The article also applies to land disturbance activities that are less than 25,000 square feet disturbance if such activities are part of a larger common plan of development or sale that will disturb greater than or equal to 25,000 square feet, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
In accordance with Article 16 of the Town Law
of the State of New York, the Town of Webster Town Board has the authority
to enact laws for the purpose of promoting the health, safety, or
general welfare of the Town of Webster, including the protection and
preservation of the property of its inhabitants. By the same authority,
the Town of Webster's Town Board may include in any such law provisions
for the appointment of any municipal employees to effectuate and administer
such law.
The Town of Webster's Public Works Department may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Town of Webster's Public Works Department prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in §
289-11 of this article. At its discretion, the Town of Webster's Public Works Department may allow for a partial release of the financial guarantee based on the completion of various development stages.
[Adopted 12-6-2007 by L.L. No. 6-2007]
As used in this article, the following terms
shall have the meanings indicated:
AGRICULTURAL ACTIVITY
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.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DESIGNATED AGENT
Individual(s) directed by the Town of Webster to conduct
site inspections and/or perform other municipal duties.
FEE IN LIEU
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
HOTSPOT
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
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."
LAND DISTURBANCE ACTIVITY
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet 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.
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.
LETTER OF CREDIT
A document issued by a bank which guarantees the payment
of a customer's drafts for a specified period and up to a specified
amount.
LICENSED/CERTIFIED PROFESSIONAL
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).
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
NEW YORK STATE STORMWATER MANAGEMENT DESIGN MANUAL
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates, that serves
as the official guide for stormwater management principles, methods
and practices.
OFF-SITE FACILITY
A stormwater management measure located outside the subject
property boundary.
PERFORMANCE BOND
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.
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a New York State licensed professional
engineer, registered landscape architect, certified professional in
erosion and sediment control (CPESC), or soil scientist.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
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 impervious
surface.
RESPONSIBLE INDIVIDUAL
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.
SILVICULTURAL ACTIVITY
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER TREATMENT PRACTICES
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.
WATER QUALITY STANDARD VIOLATION
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
WETLAND
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."
In accordance with Town Law of the State of
New York, the Town of Webster Board has the authority to enact laws
for the purpose of promoting the health, safety, or general welfare
of the Town of Webster, including the protection and preservation
of the property of its inhabitants. By the same authority, the Town
of Webster Town Board may include in any such law provisions for the
appointment of any municipal employees to effectuate and administer
such law.
All applicants are responsible for maintaining
the grading of the site so that it is consistent with the certified
as-built plans. Any postconstruction alterations to the landscape
shall receive prior approval from the Town of Webster's Public Works
Department. Temporary landscape alterations, such as those associated
with utility excavations and landscaping activities, must be restored
to conditions that are consistent with the certified as-built plans.
The provisions and sections of this article
shall be deemed to be separable and if the provisions of any article,
section, subsection, paragraph, subdivision or clause of this article
shall be judged invalid by a court of competent jurisdiction, such
order of judgment shall not affect or invalidate the remainder of
any article, section, subsection, paragraph, subdivision or clause
of this article.
The fees for the regulation of stormwater shall
be as set by the fee schedule adopted by the Town Board from time
to time.
The Town of Webster's Public Works Department
may, at its discretion, require the submittal of a performance security
or bond, prior to approval, in order to insure that the stormwater
practices are installed as required by the approved stormwater pollution
prevention plan. The amount of the installation performance security
shall be the total estimated construction cost of the stormwater management
practices approved by the Town of Webster's Public Works Department,
plus 25%. The performance security shall contain forfeiture provisions
for failure to complete work specified in the stormwater pollution
prevention plan. The installation performance security shall be released
in full only upon submission of as-built plans and written certification
by a New York State licensed professional engineer that the stormwater
practice has been installed in accordance with the approved plan and
other applicable provisions of this article. The Town of Webster's
Public Works Department will make a final inspection of the stormwater
practice to ensure that it is in compliance with the approved plan
and the provisions of this article. Provisions for a partial pro rata
release of the performance security based on the completion of various
development stages can be done at the discretion of the Town of Webster's
Public Works Department.