It is the intent of this chapter to adopt a stormwater management and
erosion and sediment control local law that will satisfy the relevant part
of the Phase II stormwater regulations adopted by the DEC.
A.
For the purposes of this chapter, certain terms and words
are hereby defined. Words used in the present tense include the future, words
in the singular include the plural, and words in the plural include the singular;
the word "shall" is mandatory. Notwithstanding some references for definitional
purposes to the Village Code, the omission of such references in other instances
shall not be taken as an intent not to use such definitions for specific terms
that are not defined in this section and are defined in said Code when it
is deemed by the Building Inspector or any other official, board, or committee
of the Village to be appropriate to do so.
B.
AGRICULTURAL ACTIVITY
APPLICANT
BUILDING
CHANNEL
CLEARING
DEC
DEDICATION
DESIGN MANUAL
DEVELOPER
EPA
EROSION CONTROL MANUAL
GRADING
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
MAINTENANCE AGREEMENT
MS4S
NONPOINT SOURCE POLLUTION
PHASING
POLLUTANT OF CONCERN
PROJECT
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
SMO
SMP
SPDES
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE
STORMWATER SEWER SYSTEMS GP-02-02
STABILIZATION
STATE
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES
STORMWATER POLLUTION PREVENTION PLAN
STORMWATER RUNOFF
STRUCTURE
SURFACE WATERS OF THE STATE
SWPPP
WATERCOURSE
WATERWAY
As used in this chapter, the following terms shall have
the meanings indicated.
The activity of an active farm, including grazing and water 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.
A property owner or agent of a property owner who has filed an application
for a land development activity.
Any structure, either temporary or permanent, having walls and a
roof, designed for the shelter of any person, animal, or property, and occupying
more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The New York State Department of Environmental Conservation.
The deliberate appropriation of property by its owner for general
public use.
The State Stormwater Management Design Manual, most recent version,
including applicable updates, which serves as the official guide for stormwater
management principles, methods and practices.
A person who undertakes land development activities.
The United States Environmental Protection Agency.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements, and structures that allow little or
no penetration of runoff (from precipitation) into the soil (e.g., building
rooftops, pavement, sidewalks, driveways, etc.).
A SPDES 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.
The process by which water seeps into the soil.
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, but not limited to, clearing, grading,
excavating, soil disturbance, and placement of fill that results in land disturbance
of equal to or greater than one acre, or an activity disturbing less than
one acre of total land area that is part of a larger common plan of development
or sale, which, in the aggregate, results in land disturbance equal to or
greater than one acre, even though multiple separate and distinct land development
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 legally recorded in the Office of the Nassau County Clerk
that acts as a property deed restriction, and which provides for long-term
maintenance of stormwater management practices.
Municipal separate stormwater sewer systems.
Pollution from any source other than from any discernible, confined,
and discrete conveyances (such as a pipe, channel, ditch, sluice, stream,
etc.), and shall include, but not be limited to, pollutants from agricultural,
silvicultural, mining, construction, subsurface disposal, salt water intrusion
and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with the stabilization
of each piece completed before the clearing of the next.
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.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and/or other habitats for threatened,
endangered, or special concern species.
The Stormwater Management Officer.
Stormwater Management Practice.
State Pollutant Discharge Elimination System.
A DEC SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
A DEC SPDES permit 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 State of New York.
An order issued which requires that all, or a specified portion thereof,
construction activity on a site be stopped.
Rainwater, surface runoff, snowmelt, and drainage.
A land use or activity that generates higher concentrations of hydrocarbons,
trace metals, or toxicants than are found in typical stormwater runoff, based
on monitoring studies.
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.
One or a series of stormwater management practices installed, stabilized,
and operating for the purpose of controlling stormwater runoff.
The Building Inspector, or his designee, as the designated officer
of the Village to accept and review stormwater pollution prevention plans,
forward the plans to the applicable Village board or committee and inspect
stormwater management practices.
Measures, either structural, nonstructural, or a combination of the
two, 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.
A plan for controlling stormwater runoff and pollutants from a site
during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
As defined in this Code, § 129-6B.
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 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 surface waters of the state. The
said 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.
Stormwater pollution prevention plan.
A permanent or intermittent stream or other body of water, either
natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or to the
public storm drain.
It is hereby determined that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat for fish
and other desirable species;
C.
Clearing and grading during construction tend to increase
soil erosion and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream baseflow;
F.
Substantial economic losses can result from these adverse
impacts on the waters of the Village;
G.
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.
The regulation of stormwater runoff discharges from land
development activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint
source pollution associated with stormwater runoff is in the public interest
and will minimize threats to public health and safety.
I.
Regulation of land development activities by means of
performance standards governing stormwater management and site design will
produce development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects of erosion
and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health, safety,
and welfare of the public residing within the Village and to address the findings
of fact in this chapter. This chapter seeks to meet those purposes by achieving
the following objectives:
A.
Meet the requirements of minimum measures four and five
of the SPDES general permit for stormwater discharges from MS4s, Permit No.
GP-02-02, as amended or revised;
B.
Require land development activities to conform to the
substantive requirements of SPDES general permit for construction activities
GP-02-01, as amended or revised;
C.
Minimize increases in stormwater runoff from land development
activities in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
D.
Minimize increase in pollution caused by stormwater runoff
from land development activities which would otherwise degrade local water
quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during or following development to the
maximum extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly maintained
and eliminate threats to public safety.
In accordance with Article 10 of the Municipal Home Rule Law of the
State of New York, the Village Board of Trustees has the authority to enact
local laws and amend local laws for the purpose of promoting the health, safety
or general welfare of the Village and for the protection and enhancement of
its physical environment. The Village Board of Trustees may include in any
such local law provisions for the appointment of any municipal officer, employees,
or independent contractor to effectuate, administer, and enforce such local
law.
A.
This chapter shall be applicable to all land development
activities.
B.
The SMO shall accept and review all stormwater pollution
prevention plans and forward such plans to the applicable Village board. The
SMO may either:
(1)
Review the plans;
(2)
Upon approval by the Board of Trustees engage the services
of a registered professional engineer to review the plans, specifications,
and related documents at a cost not to exceed a fee schedule established by
the Board of Trustees; or
(3)
Accept the certification of a licensed professional that
the plans conform to the requirements of this chapter.
C.
All land development activities subject to review and
approval by any board of the Village shall be reviewed by such board subject
to the standards contained in this chapter.
The following activities are exempt from this chapter:
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except for landing areas and
haul roads which are subject to this law.
C.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the SMO.
E.
Subdivision regulations pursuant to Article III hereof if a plat for the subdivision has been finally approved by the Village Planning Board on or before the effective date of this chapter.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
G.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
H.
Emergency activity immediately necessary to protect life,
property or natural resources.
I.
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.
J.
Landscaping and horticultural activities in connection
with an existing structure.
K.
Cemetery graves.