Definitions.
Certain words in this chapter are defined for the purpose thereof
as follows:
ADJOINING PROPERTY
Any property facing a work site across any street or highway
shall be deemed adjoining property, as well as any property contiguous
on any side.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
APPLICANT'S EXPERTS
A New York State licensed professional engineer or a New
York State licensed landscape architect engaged by the applicant to
prepare the surface water and erosion control plan or stormwater pollution
prevention plan.
BUILDING
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.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DESIGN MANUALS
For the purpose 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 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,
2005, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
DEVELOPER
A person who undertakes land development activities.
DEVELOPMENT
Any human-made change to improved or unimproved real estate,
including but not limited to construction of buildings or other structures
and mining, dredging, filling, grading, paving, excavation, drilling
or blasting.
EROSION AND SEDIMENT CONTROL DEVICES (ESCD)
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing erosion and
controlling sediment consistent with best management practices identified
in the design manuals, including but not limited to silt fencing,
hay bales, temporary seeding or mulching, check dams and inlet protection.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures greater than
100 square feet in size, whether natural or man-made, that cannot
effectively infiltrate rainfall, snowmelt and water (including but
not limited to bedrock, stone, building rooftops, pavement, sidewalks,
driveways, patios and terraces).
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
MAJOR LAND DEVELOPMENT ACTIVITY
Any construction activity that 1) results in land disturbance
equal to or greater than one acre or 2) disturbs less than one acre
but is part of a larger common plan of development of one or more
parcels, even though multiple separate and distinct land development
activities may take place at different times on different schedules
if the total land disturbance is equal to or is greater than one acre.
For the purpose of this definition, "construction activity" includes
but is not limited to clearing, grading, excavating, soil disturbance
or placement of fill.
MINOR LAND DEVELOPMENT ACTIVITY
Any construction activity that 1) results in land disturbance
of more than 100 square feet but less than one acre or 2) creates
impervious cover of more than 100 square feet but less than one acre
or 3) may alter the flow of surface water at the property line even
if such disturbance or fill covers less than 100 square feet. For
the purpose of this definition, "construction activity" includes but
is not limited to clearing, grading, excavating, soil disturbance
or placement of fill.
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 construction, subsurface disposal and urban runoff
sources.
PERMIT
Any permits, grants or licenses issued by the Town of Mamaroneck,
including but not limited to building, grading, demolition, clearing
and excavation permits and subdivision and site plan approvals.
PERSON
Includes any individual or group of individuals, corporation,
partnership, association or any other entity, including state and
local governments and agencies, authorities or other political subdivisions
thereof.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
PLAN
Surface water and erosion control plan, stormwater pollution
prevention plan or site plan.
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 that will receive a discharge from the land development
activity.
RECHARGE
The replenishment of underground water reserves.
SOIL STABILIZATION
Measures which protect soil from the erosive forces of raindrop
impact, flowing water and high wind. Applicable practices include
vegetative establishment, mulching, covering and the early application
of gravel base on areas to be paved.
STEEP SLOPES
Ground areas where the grade changes by one or more feet
of vertical rise for each four feet of horizontal distance.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt or drainage.
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 OFFICER
The Building Inspector or the Director of Building Code Enforcement
and Land Use Administration or either's designated representative
[Amended 1-20-2016 by L.L. No. 1-2016]
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, including but not limited
to drainage pipes, ditches, culverts, water-retention and detention
areas and structures, swales, slopes and other conduits and reservoirs.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan submitted as part of the application for a stormwater
pollution prevention permit that shows how stormwater runoff and pollutants
from a site during and after construction activities will be controlled.
SURFACE WATER AND EROSION CONTROL PLAN
A drawing prepared by a New York State licensed professional
engineer, a registered architect or a New York State licensed landscape
architect submitted as a part of the application for a surface water
and erosion control permit showing the methods, techniques and improvements,
both during and after construction, that will be employed to control
surface water runoff and to control erosion and sedimentation. Such
plan shall utilize the design manuals, contain all surface water control
calculations, reduce erosion potential, assure the adequacy of existing
and proposed culverts and bridges, increase water recharge into the
ground, decrease nonpoint source pollution and water quality degradation,
maintain stream channels for their biological functions as well as
for drainage through reduced stream bank erosion and maximize preservation
and protection of stream corridors, floodplains and wetlands.
SURFACE WATERS OF THE STATE OF NEW YORK
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.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.