Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings as herein defined.
Any word or term not noted below shall be used with a meaning as defined
in Webster's Third New International Dictionary of the English
Language, unabridged (or latest edition).
AGRICULTURAL PRODUCTION
The production for commercial purposes of crops, livestock
and livestock products, but not land or portions thereof used for
processing or retail merchandising of such crops, livestock or livestock
products. Land used in agricultural production shall also include
fences, equipment storage buildings, livestock barns, irrigation systems
and any other structures used exclusively for agricultural purposes.
AGRICULTURE
The production, keeping or maintenance, for sale, lease or
personal use, of all plants and animals useful to man, including but
not limited to forages and sod crops; grains and seed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats
or any mutation of hybrids thereof, including the breeding and grazing
of any or all of such animals; bees and apiary products; fur animals;
fruits of all kinds, including grapes, nuts and berries, vegetables;
floral, ornamental and greenhouse products; or lands devoted to a
soil conservation or forestry management program.
APPLICANT
The person, persons or legal entity which owns or leases
the property on which the construction activity is occurring and/or
an entity that has operational control over the construction plans
and specifications, including the ability to make modifications to
the plans and specifications.
BEST MANAGEMENT PRACTICES (BMPs)
Schedule of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
BUILDING INSPECTOR
The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter
280 and this chapter.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEAN FILL
Naturally deposited earthen material from an approved upland
borrow source.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
CLEARING
Cutting down, felling, thinning, logging or removing, killing,
destroying, poisoning, ringbarking, uprooting, grubbing or burning
vegetation, severing, topping or lopping branches, limbs, stems or
trunks or substantially damaging or injuring in other ways that would
cause or contribute to the death or affect the survivability and growth
of vegetation. This definition also includes removal of dead and dying
vegetation.
COMBINED SEWER
A sewer that is designed to collect and convey both "sewage"
and "stormwater."
COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES
The initial disturbance of soils associated with clearing,
grading or excavation activities, or other construction-related activities
that disturb or expose soils, such as demolition, stockpiling of fill
material, and the initial installation of erosion and sediment control
practices required in the SWPPP.
CONSTRUCTION
The siting, building, erection, extension, or material alteration
of any structure, the use of which requires permanent or temporary
location on the ground, as well as the installation of any hardened
surfaces at or below grade.
CONSTRUCTION ACTIVITY
Activities involving land disturbance of 5,000 square feet
or more, including disturbances of less than 5,000 square feet that
are part of a larger common plan of development that will ultimately
disturb 5,000 or more square feet of land, excluding routine maintenance
activity that is performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility. All construction
activities include but are not limited to clearing and grubbing, grading,
excavating and demolition.
[Amended 8-26-2014 by L.L. No. 9-2014]
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version including application updates, that serves as the official
guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
DEVELOPMENT
Any man-made change to improved or unimproved real property,
including but not limited to any construction activities, the construction
of buildings or other structures, creating access to and circulation
within the site, clearing of vegetation, grading, providing utilities
and other services, parking facilities, drainage systems, methods
of sewage disposal and other services, and creating land forms. Development
also includes significant alteration of natural resources in preparation
for development, such as the dredging or filling of wetlands, ponds
or other natural drainage areas.
DIRECT DISCHARGE (TO A SPECIFIC SURFACE WATER BODY)
That runoff flows from a construction site by overland flow
and the first point of discharge is the specific surface water body,
or runoff flows from a construction site to a separate storm sewer
system and the first point of discharge from the separate storm sewer
system is the specific surface water body.
DISCHARGE
To emit, expel, pour, direct or otherwise cause the flow
of liquid in a manner other than the natural course of that liquid
which existed prior to the disturbance of the natural state of the
land upon which it flowed, if any.
DRAINAGE SYSTEMS
Includes gutters, swales, pipes, conduits and superstructures
(e.g., dry wells, sumps, berms, etc.) for the collection and conduction
of stormwater to an adequate facility for its storage and disposal.
EROSION
The wearing away of land as a result of the action of natural
forces or man-related activities.
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN
A drawing showing the proposed use of the site and the methods,
techniques and improvements, both during and after construction, that
will be employed to control erosion, sedimentation and stormwater
runoff, which shall employ best management practices. Where the nature
of the existing conditions and proposed activities warrant, the Building
Inspector may require that such plan be prepared by a design professional
licensed in the State of New York.
EXCAVATION
The removal, addition, or alteration of soil, sand, or vegetation
by digging, dredging, drilling, cutting, scooping, or hollowing out.
FILLING
The deposition of natural or artificial material so as to
modify the surface or subsurface conditions of upland or underwater
land.
FINAL STABILIZATION
That all soil disturbance activities have ceased and a uniform,
perennial vegetative cover with a density of 80% over the entire pervious
surface has been established, or other equivalent stabilization measures,
such as permanent landscape mulches, rock riprap or washed/crushed
stone have been applied on all disturbed areas that are not covered
by permanent structures, concrete or pavement.
GRADING
The excavation, filling or alteration of the surface or subsurface
conditions of land, lakes, ponds, or watercourses.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property or the environment when improperly treated,
stored, disposed of, or otherwise managed.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
A.
Any conveyances which allow any nonstormwater discharge including
treated or untreated sewage, process wastewater, and wash water to
enter the MS4 and any connection to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; or
B.
Any drain or conveyance connected to the MS4 which has not been
documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
ILLICIT DISCHARGE
Includes but is not limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. Illicit discharges include any direct or indirect discharge to the MS4, except as exempted in §
236-25A (discharge prohibitions) and/or as permitted by the Town.
IMPERVIOUS SURFACE
Any surface exposed to stormwater from which water runs off
and cannot pass through, including but not limited to structures,
paving, paving blocks, bedding material, packed earth, treated surfaces,
roof structures, patios, decking, stoops, porches, and accessory structures.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential
households, or a private commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
INDUSTRIAL STORMWATER PERMIT
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.
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 DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 5,000 square feet unless determined otherwise
by the Department or the Town of Southold, 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.
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.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE
A contiguous area where multiple separate and distinct construction
activities are occurring, or will occur, under one plan. The term
"plan" in "larger common plan of development or sale" is broadly defined
as any announcement or piece of documentation (including a sign, public
notice or hearing, marketing plan, advertisement, drawing, permit
application, State Environmental Quality Review Act [SEQRA] application,
zoning request, computer design, etc.) or physical demarcation (including
boundary signs, lot stakes, surveyor markings, etc.) indicating that
construction activities may occur on a specific plot.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
MUNICIPAL PERMIT
Any permit, grant, approval, license, certificate or other
authorization issued by the Town of Southold, including but not limited
to permits for building, grading, demolition, clearing and excavation
and subdivision and site plan approvals.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, culverts, sumps, dikes, dams, man-made channels, boat ramps
or storm drains and other MS4 control systems):
A.
Owned or operated by the Town of Southold, state, county or
village;
B.
Designed or used for collecting or conveying stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
NATURAL DRAINAGE
The stormwater runoff patterns resulting from topographical
and geological surface conditions, prior to clearing, regrading or
construction.
NATURAL WATERCOURSE
The route formed by natural processes, topography and geology
leading to a natural watershed.
NATURAL WATERSHED
An area of land which, in its natural state and prior to
any man-made change, and due to its topography and geology, drains
to a particular location within that area.
NONPOINT SOURCE POLLUTION
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, residential, commercial and urban runoff sources.
ONE-HUNDRED-YEAR FLOODPLAIN
The land area subject to the highest level of flooding that,
on the average, is likely to occur once every 100 years (i.e., that
has a one-percent chance of occurring each year), as said level is
shown on the Federal Emergency Management Agency Flood Insurance Rate
Maps on file in the Southold Town Building Department.
PERVIOUS SURFACE
A pervious surface is one that has the ability to be readily
penetrated by stormwater or other runoff. Pervious pavement mixtures
contain little or no fine particles creating a substantial void content
while still maintaining its structure integrity. Aggregate materials
typically consist of No. 1 or No. 2 rounded "rocklike" fragments using
sufficient approved cementitious materials, paste or bonding agents
to permanently fasten aggregate particles together to create a system
of highly permeable, interconnected voids that freely drain. Typically,
between 15% and 25% of interconnected voids are required for consideration
as a pervious pavement. The flow rate of water through pervious surfaces
is typically around five gallons per square foot per minute or higher.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water, which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
POLLUTANT OF CONCERN
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, such as pathogens, phosphorous, heavy metals or dissolved
oxygen that will receive a discharge from the land development activity.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
QUALIFIED INSPECTOR
A person who is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), registered
landscape architect, or other Department-endorsed individual(s).
QUALIFIED PROFESSIONAL
A person who is knowledgeable in the principles and practices
of stormwater management and treatment, such as a licensed professional
engineer, registered landscape architect or other Department-endorsed
individual(s). Individuals preparing SWPPPs that require the post-construction
stormwater management practice component must have an understanding
of the principles of hydrology, water quality management practice
design, water quantity control design, and, in many cases, the principles
of hydraulics in order to prepare an SWPPP that conforms to the Department's
technical standard. All components of the SWPPP that involve the practice
of engineering, as defined by the New York State Education Law (see
Article 145), shall be prepared by, or under the direct supervision
of, a professional engineer licensed to practice in the State of New
York.
RECHARGE
The replenishment of underground water reserves.
RESPONSIBLE PARTY
Owners and occupants of premises, applicants for municipal
permits, and any other person or entity contributing to an act regulated
by this chapter.
SEDIMENTATION
The processes that operate at or near the surface of the
ground to deposit soils, debris and other materials either on other
ground surfaces or in water channels.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special-concern species.
SITE PREPARATION
The activities of stripping, clearing, grubbing, excavating,
filling, and grading to facilitate construction or other use of the
land.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards: The condition
that applies where the Town of Southold has been notified that the
discharge of stormwater authorized under its MS4 permit may have caused
or has the reasonable potential to cause or contribute to the violation
of an applicable water quality standard. Under this condition, the
Town must take all necessary actions to ensure future discharges do
not cause or contribute to a violation of water quality standards.
B.
Section 303(d) listed waters: The condition in the Town's
MS4 permit that applies where the MS4 discharges to a 303(d)-listed
water. Under this condition, the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)-listed
water.
C.
Total maximum daily load (TMDL) strategy: The condition in the
Town's MS4 permit where a TMDL including requirements for control
of stormwater discharges has been approved by the EPA for a water
body or watershed into which the MS4 discharges.
D.
The condition in the Town's MS4 permit that applies if
a TMDL is approved in the future by the EPA for any water body or
watershed into which an MS4 discharges. Under this condition, the
Town must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 is not meeting the
TMDL stormwater allocations, the Town must, within six months of the
TMDL's approval, modify its stormwater management program to
ensure that reduction of the pollutant of concern specified in the
TMDL is achieved.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations
of pollutants of concern or toxicants than are found in typical stormwater
runoff, based on monitoring studies.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT CONTROL PLAN
The plan required by the Town to comply with the provisions
of this chapter. For the purposes of this chapter, a stormwater pollution
prevention plan, when required by the Department's regulations,
will qualify as a stormwater management control plan.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer designated by the Town to accept and
review stormwater management control plans and stormwater pollution
prevention plans, forward the plans to the applicable municipal board
and inspect stormwater management practices.
[Amended 8-26-2014 by L.L. No. 9-2014]
STORMWATER MANAGEMENT PRACTICES (SMPs)
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.
STRIPPING
The process of mechanically scraping away topsoil.
STRUCTURE
Any object constructed, erected, installed or placed on land
or in water, including buildings, sheds, mobile homes, tanks, bulkheads,
piers and docks and any additions or alterations thereto.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, wetlands, 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.
Waters of the state are further defined in 6 NYCRR Parts 800 to 941.
TEMPORARY STABILIZATION
That exposed soil has been covered with material(s) as set
forth in the technical standard, New York Standards and Specifications
for Erosion and Sediment Control, to prevent the exposed soil from
eroding. The materials can include, but are not limited to, mulch,
seed and mulch, and erosion control mats (e.g., jute twisted yarn,
excelsior wood fiber mats).
303(d) LIST
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. Section 303(d) listed waters are estuaries, bays, creeks,
lakes and streams that fall short of state surface water quality standards
and are not expected to improve within the next two years.
TOPSOIL
The uppermost layer of soil, usually the top 15 to 20 centimeters,
it having the highest concentration of organic matter and microorganisms,
and where most of the Earth's biological soil activity occurs.
TOTAL MAXIMUM DAILY LOAD (TMDL)
A TMDL is the sum of the allowable loads of a single pollutant
from all contributing point and nonpoint sources. It is a calculation
of the maximum amount of a pollutant that a water body can receive
on a daily basis and still meet water quality standards, and an allocation
of that amount to the pollutant's sources. A TMDL stipulates
wasteload allocations (WLAs) for point source discharges, load allocations
(LAs) for nonpoint sources, and a margin of safety (MOS).
TRAINED CONTRACTOR
An employee from the contracting (construction) company that
has received four hours of Department-endorsed training in proper
erosion and sediment control principles from a soil and water conservation
district or other Department-endorsed entity. After receiving the
initial training, the trained contractor shall receive four hours
of training every three years.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATER QUALITY STANDARD
Such measures of purity or quality for any waters in relation
to their reasonable and necessary use as promulgated in 6 NYCRR Part
700 et seq.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.