The terms used in this article and Article I of this chapter, or in documents prepared or reviewed under this article and Article I of this chapter, 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 (or
removes impervious surfaces exposing soils that are not immediately
recovered with impervious surfaces).
[Amended 6-13-2017 by L.L. No. 6-2017]
Certified professional in erosion and sediment control.
Certified professional in stormwater quality.
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, fill, or movement of material, including the
resulting conditions thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt 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
1/2 acre, or activities disturbing less than 1/2 acre of total land
area that are 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 on land less
than 1/2 acre which is upstream of environmental sensitive areas such
as state jurisdictional wetlands, municipal recreation facilities,
NYSDEC regulated streams with classification A, B, or C or other areas
as determined by the Stormwater Management Officer.
[Amended 6-13-2017 by L.L. No. 6-2017]
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.
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
Verified Professional in Erosion and Sediment Control (CPESC), registered
landscape architect, or other Department-endorsed individual(s).
[Added 6-13-2017 by L.L.
No. 6-2017]
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 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.
[Amended 6-13-2017 by L.L. No. 6-2017]
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.
[Amended 6-13-2017 by L.L. No. 6-2017]
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, including
but not limited to roof and footing drains.
[Amended 6-13-2017 by L.L. No. 6-2017]
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, such as practices listed
in Schedule A.[1]
[Amended 6-13-2017 by L.L. No. 6-2017]
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, 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.
Section 303(d)(1)(C) of the Clean Water Act and EPA's implementing
regulations (40 CFR Part 130) require states to identify those waterbodies
that do not meet water quality standards after application of the
technology-based effluent limitations required by the Act. For these
waters, states must consider the development of strategies, including
total maximum daily load (TMDL) analysis, for reducing the pollutants
that are causing the water quality standards expedience in those water
bodies.
A calculation of the maximum amount of a pollutant that a
water body can receive and still meet water quality standards, and
an allocation of that amount to the pollutant's sources. A TMDL specifies
the allowable pollutant loading from all contributing sources (e.g.,
point sources, nonpoint sources, and natural background) at a level
necessary to attain the applicable water quality standards with seasonal
variations and a margin of safety that takes into account any lack
of knowledge concerning the relationship between the sources of the
pollutant and water quality. In essence, a TMDL defines the assimilative
capacity of the water body to absorb a pollutant and still meet water
quality standards.
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.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
A.
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 and Article I of this chapter.
B.
Contents of stormwater pollution prevention plans.
(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 (no smaller than one inch equals 100
feet)/construction drawing(s) for the project, including a general
location map. At a minimum, the site map should show the total site
area; all proposed 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)
Map and 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. Not
more than one acre shall be disturbed at any one time unless pursuant
to an approved SWPPP and approval by the Planning Board;
[Amended 6-13-2017 by L.L. No. 6-2017]
(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.
(2)
Land development activities as defined in § 168-11 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 Subsection B(3) below as applicable:
[Amended 6-13-2017 by L.L. No. 6-2017]
(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 one or more acres.
(c)
Condition C: Stormwater runoff from land development
activity disturbing between 1/2 and one acre of land during the course
of the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
(3)
SWPPP Requirements for Conditions A, B and C:
(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.
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 168-14 of this article.
[Amended 6-13-2017 by L.L. No. 6-2017]
(j)
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 meet the requirements in this article and Article I of this chapter.
C.
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.
D.
Contractor certification.
(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."
(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.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
E.
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 nonexempt land development activities shall
be subject to the following performance and design criteria:
A.
Technical standards. For the purpose of this article and Article I of this chapter, 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 Article I of this chapter:
(1)
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").
(2)
New York Standards and Specifications for Erosion
and Sediment Control (New York State Department of Environmental Conservation,
most current version or its successor, hereafter referred to as the
"Erosion Control Manual").
[Amended 6-13-2017 by L.L. No. 6-2017]
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity
shall be in compliance with the stormwater law and shall not have
any turbid waters leaving the site.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or his or her representative 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 Article I of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. The applicant or developer shall provide a plan to the Village of Monroe for the disposition of the sediment removed from the stormwater facilities.
(2)
For land development activities as defined in § 168-11 of this article and meeting Condition A, B or C in § 168-12B(2), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices once every seven days or, if the project has been approved to disturb more than one acre at a time, twice every seven days, separated by two days. Inspection reports shall be maintained in a site logbook and provided to the Building Inspector monthly.
[Amended 6-13-2017 by L.L. No. 6-2017]
(3)
The applicant or developer or his or her 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 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 weekly and also copied to the
site logbook. A contact list shall be provided to the Village of Monroe
prior to any site activities. The contact list shall contain the name
and phone numbers of the applicant, developer, project engineer, project
manager, project foreman, and emergency contact numbers in the event
of any emergencies.
[Amended 6-13-2017 by L.L. No. 6-2017]
B.
Maintenance easement(s). 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 all times for periodic inspection by the Village of Monroe to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and Article I of this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village of Monroe.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article and Article I of this chapter, shall ensure they are operated and maintained to achieve the goals of this article and Article I of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
(1)
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 Article I of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Village of Monroe 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 of this article entitled "Sample
Stormwater Control Facility Maintenance Agreement."[1] The Village of Monroe, 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 Article I of this chapter, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
[Amended 6-13-2017 by L.L. No. 6-2017]
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this article and Article I of this chapter, 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 and Article I of this chapter.