[L.L. No. 1-2006, Art. 2; L.L. No. 2-2007, Art. 2]
The terms used in this article, Chapter 7B, Erosion and Sediment Control, and §§ 7-1.3(f) and 7-3 or in documents prepared or reviewed under this article, Chapter 7B, Erosion and Sediment Control, and §§ 7-1.3(f) and 7-3 shall have the meaning as set forth in this section.
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.
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 deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
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 person who undertakes land development activities.
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 cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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.
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 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 legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
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.
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, habitats for threatened,
endangered or special concern species.
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.
An order issued which requires that all 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.
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.
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.
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.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marches, 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 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 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.
12-2.1.
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be reviewed until
the appropriate board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this
article.
12-2.2.
Contents of stormwater pollution prevention plans.
12-2.2.1.
All SWPPPs shall provide the following background information
and erosion and sediment controls:
(a)
Background information about the scope of the project, including
location, type and size of project;
(b)
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the
total site area; all improvements; areas of disturbance; areas that
will not be disturbed; existing vegetation; on-site and adjacent off-site
surface water(s); wetlands and drainage patterns that could be affected
by the construction activity; existing and final slopes; locations
of off-site material, waste, borrow or equipment storage areas; and
location(s) of the stormwater discharges(s);
(c)
Description of the soil(s) present at the site;
(d)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(f)
Description of construction and waste materials expected to
be stored on-site with updates as appropriate, and a description of
controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project close-out;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(l)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(p)
Any existing data that describes the stormwater runoff at the
site.
12-2.2.2.
Land development activities as defined in § 12-1 of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in the section below as applicable:
(a)
Condition A: stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department's 303(d) list of impaired waters or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development activity
disturbing between one acre and five acres of land during the course
of the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
12-2.2.3.
SWPPP requirements for Conditions A, B and C:
(a)
All information in § 12-2.2.1 of this article.
(b)
Description of each postconstruction stormwater management practice;
(c)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice.
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(e)
Comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions.
(f)
Dimensions, material specifications and installation details
for each postconstruction stormwater management practice.
(g)
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice.
(h)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
12-2.3.
Plan certification. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements of this article and Chapter 7B, Erosion and Sediment Control.
12-2.4.
Other environmental permits. The applicant shall assure that
all other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
12-2.5.
Contractor certification.
12-2.5.1.
Each contractor and subcontractor identified in the SWPPP who
will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
12-2.5.2.
The certification must include the name and title of the person
providing the signature, address and telephone number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made.
12-2.5.3.
The certification statement(s) shall become part of the SWPPP
for the land development activity.
12-2.6.
A copy of the SWPPP shall be retained at the site of the land
development activity during construction from the date of initiation
of construction activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
12-3.1.
Technical standards. For the purpose of this article and Chapter 7B, Erosion and Sediment Control, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article and Chapter 7B, Erosion and Sediment Control:
(a)
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(b)
New York Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
12-3.2.
Water quality standards. Any land development activity shall
not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
12-4.1.
Maintenance during construction.
12-4.1.1.
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article and Chapter 7B, Erosion and Sediment Control. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
12-4.1.2.
The applicant or developer or its representative shall be on
site at all times when construction or grading activity takes place
and shall inspect and document the effectiveness of all erosion and
sediment control practices. Inspection reports shall be completed
every seven days and within 24 hours of any storm event producing
0.5 inch of precipitation or more. The reports shall be delivered
to the Stormwater Management Officer and also copied to the site log
book.
12-4.2.
Maintenance easement. Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and Chapter 7B, Erosion and Sediment Control. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village.
12-4.3.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article and Chapter 7B, Erosion and Sediment Control, shall operate and maintain the stormwater management practices to achieve the goals of this article and Chapter 7B, Erosion and Sediment Control. Proper operation and maintenance also includes, as a minimum, the following:
(a)
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this article and Chapter 7B, Erosion and Sediment Control.
(b)
Written procedures for operation and maintenance and training
new maintenance personnel.
(c)
Discharges from the SMPs shall not exceed design criteria or
cause or contribute to water quality standard violations in accordance
with § 12-3.2.
12-4.4.
Maintenance agreements. The Village shall approve a formal maintenance
agreement for stormwater management facilities binding on all subsequent
landowners and recorded in the office of the County Clerk as a deed
restriction on the property prior to final plan approval. The maintenance
agreement shall be consistent with the terms and conditions of Schedule
B, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Village, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this article and Chapter 7B, Erosion and Sediment Control, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
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SCHEDULE A
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STORMWATER MANAGEMENT PRACTICES ACCEPTABLE FOR WATER QUALITY
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(FROM: New York State Stormwater Management Design Manual,
Table 5.1)
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GROUP
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PRACTICE
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DESCRIPTION
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POND
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Micropool Extended Detention Pond (P-1)
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Pond that treats the majority of the water quality volume through
extended detention, and incorporates a micropool at the outlet of
the pond to prevent sediment resuspension.
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POND
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Wet Pond (P-2)
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Pond that provides storage for the entire water quality volume
in the permanent pool.
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POND
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Wet Extended Detention Pond (P-3)
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Pond that treats a portion of the water quality volume by detaining
storm flows above a permanent pool for a specified minimum detention
time.
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POND
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Multiple Pond System (P-4)
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A group of ponds that collectively treat the water quality volume.
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POND
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Pocket Pond (P-5)
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A stormwater wetland design adapted for the treatment of runoff
from small drainage areas that has little or no baseflow available
to maintain water elevations and relies on groundwater to maintain
a permanent pool.
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WETLAND
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Shallow Wetland (W-1)
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A wetland that provides water quality treatment entirely in
a shallow marsh.
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WETLAND
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Extended Detention Wetland (W-2)
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A wetland system that provides some fraction of the water quality
volume by detaining storm flows above the marsh surface.
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WETLAND
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Pond/Wetland System (W-3)
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A wetland system that provides a portion of the water quality
volume in the permanent pool of a wet pond that precedes the marsh
for a specified minimum detention time.
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WETLAND
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Pocket Wetland (W-4)
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A shallow wetland design adapted for the treatment of runoff
from small drainage areas that has variable water levels and relies
on groundwater for its permanent pool.
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INFILTRATION
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Infiltration Trench (I-1)
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An infiltration practice that stores the water quality volume
in the void spaces of a gravel trench before it is infiltrated into
the ground.
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INFILTRATION
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Infiltration Basin (I-2)
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An infiltration practice that stores the water quality volume
in a shallow depression before it is infiltrated into the ground.
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INFILTRATION
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Dry Well (I-3)
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An infiltration practice similar in design to the infiltration
trench, and best suited for treatment of rooftop runoff.
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INFILTRATION
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Surface Sand Filter (F-1)
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A filtering practice that treats stormwater by settling out
large particles in a sediment chamber, and then filtering stormwater
through a sand matrix.
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FILTERING PRACTICES
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Underground Sand Filter (F-2)
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A filtering practice that treats stormwater as it flows through
underground settling and filtering chambers.
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FILTERING PRACTICES
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Perimeter Sand Filter (F-3)
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A filter that incorporates a sediment chamber and filter bed
as parallel vaults adjacent to a parking lot.
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FILTERING PRACTICES
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Organic Filter (F-4)
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A filtering practice that uses an organic medium such as compost
in the filter in place of sand.
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FILTERING PRACTICES
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Bioretention (F-5)
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A shallow depression that treats stormwater as it flows through
a soil matrix, and is returned to the storm drain system.
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OPEN CHANNELS
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Dry Swale (O-1)
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An open drainage channel or depression explicitly designed to
detain and promote the filtration of stormwater runoff into the soil
media.
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OPEN CHANNELS
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Wet Swale (O-2)
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An open drainage channel or depression designed to retain water
or intercept groundwater for water quality treatment.
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Table of Zoning Map Amendments
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The following is a list of amendments to the Village of Tuckahoe
Zoning Map as originally adopted June 3, 1960:
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Adoption Date or Local Law Number
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Description
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|---|---|
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7-24-1961
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Railroad Strip
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8-27-1962
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Westview Avenue lots
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7-22-1963
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Midland Avenue lots
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12-12-1963
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Midland Avenue lots
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12-12-1963
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Main Street lots
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12-14-1964
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Pleasant Avenue lots
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8-15-1965
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Urban renewal
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3-29-1968
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River Street lot — Residence C
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1-14-1969
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Sagamore Road and Railroad strip — Apartment 6; Grant
Street — Apartment 3
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1-14-1969
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Sagamore Road — Residence B
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12-13-1971
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Alpine Place, westerly side — Residence B
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5-2-1972
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Pleasant Avenue, Circuit Avenue, Columbus Avenue — Apartment
10
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6-10-1974
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Main Street — Business
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11-25-1974
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Main Street, Jefferson Place — Business
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11-24-1975
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Main Street, Terrace Place — Business
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L.L. No. 2-1976
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Fisher Avenue, Alpine Place, Crescent Place, Oakland Avenue
— Residence B; Columbus Avenue, Railroad right-of-way —
Business; Wallace Street, Underhill Street, Pleasant Place, Maynard
Street — Apartment 3; Pleasant Place, Clinton Place, —
Apartment 3; Clinton Place, Pleasant Place, Underhill Street —
Apartment 3; Wallace Street, Van Duzen Place, Cameron Place, Underhill
Street — Apartment 3; Wallace Street, Main Street, Cameron Place,
Van Duzen Place — Apartment 3; Jefferson Place, Main Street,
Terrace Place — Business; Terrace Place, Main Street, Fairview
Avenue — Business
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L.L. No. 7-1985
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Columbus Avenue, Thompson Street — Residence B; Columbus
Avenue, Thompson Street — Residence, A-5; Columbus Avenue, Fulton
Street — Residence A-5; Parway Oval, Railroad Avenue, Fulton
Street, Columbus Avenue, Main Street — Business; Depot Square,
Main Street, Oak Avenue, Lake Avenue — Business; Oak Avenue;
Kensington Road, Lake Avenue — Residence B
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L.L. No. 11-1985
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Sagamore Road lot — Residence A-10
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L.L. No. 5-1992
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Underhill and Wallace Street area — Residence B
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L.L. No. 3-1994
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Section 29; Block 3, Lot 16; Block 7, Lots 12-19; Block 8, Lots
1, 2 and 3; Section 28: Block 2, Lots 15 and 17; Block 5, Lots 1,
3, 5, 7, 10, 11, 13 and 15; Block 1, Lots 2 (southerly half 90 feet),
7, 11, 13, 14, 15, 17 and 18; Section 33: Block 6, Lots 14A, 18A,
20 and 20a
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L.L. No. 6-1997
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Section 36: Block 2, Lots 33 and 37; Block 3, Lots 1, 8 and
11; Block 3, Lots 4, 5 and 6; portion of road bed of River Street
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L.L. No. 1-1998
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Section 36, Block 2, Lots 3, 4 and 6
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L.L. No. 2-2003
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Change from AP3 to Residence B the last parcel of land located
on the westerly end of Bronx Street on the south side of said street;
formerly known as Section 36, Block 2, Lots 4, 6 and part of 1 on
the Tax Map of the Village
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L.L. No. 1-2004
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From Residence B to Business/Residence: Section 28, Block 1,
Lots 1, 2 (northerly half 90 feet), 3, 4 and 5; Section 33, Block
6, Lots 21 and 23
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L.L. No. 1-2005
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Tax Map Section 37, Block 3, Lot 1, to Residence B; Section
37, Block 3, Lot 2, to Residence B; Section 37, Block 3, Lot 3 to
Residence B
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L.L. No. 3-2007
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Tax Map Section 29, Block 4, Lots 1, 3 through 8, 13, 17, 33,
36, 39 and 40, Block 9, Lots 1 and 25, to BR Business/Residence
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L.L. No. 6-2007
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Adoption of updated Zoning Map
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L.L. No. 10-2009
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Tax Map Section 35, Block 1, Lots, 1, 1a, 1c, 1g, and 10; Block
2, Lots 1, 11 and 12; Block 5, Lot 1; Tax Map Section 39, Block 3,
Lots 3, 4, 4a, 6, 7, 7a, 7b, and 7e; Block 4, Lots, 1D, 5, 6, 6a,
7, and 8; Tax Map Section 67, Block 3, Lots 10, 10c, 10d, 10g, 10A
and 10E; Tax Map Section 68, Block 4, Lots 29 and 36; Tax Map Section
74, Block 1, Lot 1 to GC General Commercial
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L.L. No. 6-2010
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Tax Map Section 42, Block 8, Lots 5 and 10, owned by Crestwood
Plaza, LLC, to BR Business/Residence
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L.L. No. 5-2014
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Tax Map No. 33./7/4, 150 Lake Avenue; Tax Map No. 33./7/2, 8
Cedar Street; and Tax Map No. 33.7/1, 10 Cedar Street, all Residence
B.
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[1]
Editor's Note: Schedule B is on file in the Village offices.
