It is the intent of this chapter to adopt stormwater
management and erosion and sediment control regulations that will
satisfy the relevant part of the Phase II stormwater regulations adopted
by New York State Department of Environmental Conservation.
A.Â
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.Â
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
C.Â
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
D.Â
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
E.Â
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
F.Â
Substantial economic losses can result from these
adverse impacts on the waters of the Village;
G.Â
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
H.Â
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.Â
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.Â
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from MS4s, Permit
No. GP-02-02, as amended or revised;
B.Â
Require land development activities to conform to
the substantive requirements of SPDES General Permit for Construction
Activities, Permit No. GP-02-01, as amended or revised;
C.Â
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.Â
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.Â
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.Â
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 Board of Trustees of the
Incorporated Village of Hewlett Neck has the authority to enact and
amend provisions of its Code by local law for the purpose of promoting
the health, safety or general welfare of the Village of Hewlett Neck
and for the protection and enhancement of its physical environment.
The Board of Trustees may include provisions for the appointment of
any municipal officer, employees, or independent contractor to effectuate,
administer and enforce such local laws and Code provisions.
A.Â
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 elsewhere in this Code
when it is deemed by the Building Inspector, Village Engineer or any
other official, board, or committee of the Village to be appropriate
to do so.
B.Â
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
PERSON
PHASING
POLLUTANT OF CONCERN
PROJECT
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
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 (SMO)
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
STRUCTURE
SURFACE WATERS OF THE STATE
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 at least one acre, or 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 or 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.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
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.
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 Chapter 195 of the Code of the Village of Hewlett Neck.
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.
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.
A.Â
This chapter shall be applicable to all land development
activities.
B.Â
The Stormwater Management Officer shall accept and
review all stormwater pollution prevention plans and forward such
plans to the applicable Village board. The Stormwater Management Officer
may either:
(1)Â
Review the plans;
(2)Â
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)Â
Accept the certification of a licensed professional
that the plans conform to the requirements of this chapter.
C.Â
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 may be exempt from
review under this chapter:
A.Â
Agricultural activity as defined in this chapter.
B.Â
Silvicultural activity except for landing areas and
haul roads which are subject to this chapter.
C.Â
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.Â
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.Â
Subdivision regulation pursuant to Chapter 182 of the Code, if a plat for the subdivision has been finally approved by the Board of Trustees on or before the effective date of this chapter.
F.Â
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
G.Â
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
H.Â
Emergency activity immediately necessary to protect
life, property or natural resources.
I.Â
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.Â
Landscaping and horticultural activities in connection
with an existing structure.
K.Â
Cemetery graves.