[Adopted 1-7-2008 by L.L. No. 2-2008 (Ch. 41E, Art. I, of the 1968 Code)]
As used in this article, the following terms
shall have the meanings indicated:
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, growing agricultural
products and cutting timber for sale, but not including the operation
of a dude ranch or similar operation, or the construction of new structures
associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land disturbance activity.
CLEARING
Any activity which removes the vegetative surface cover.
DESIGNATED AGENT
Individual(s) designated by the Village of Fairport to conduct
site inspections and/or perform other municipal duties.
EARTHWORK
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill, that result in land disturbance.
FINAL STABILIZATION
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures such as the use of mulches or geotextiles
have been employed on all unpaved areas and areas not covered by permanent
structures.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
LAND DISTURBANCE ACTIVITY
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet of total land area that are part of a
larger common plan of development or sale, even though multiple separate
and distinct land disturbance activities may take place at different
times on different schedules.
LICENSED/CERTIFIED PROFESSIONAL
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
NEW YORK STATE STORMWATER MANAGEMENT DESIGN MANUAL
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.
PHASING
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
RESPONSIBLE INDIVIDUAL
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
SILVICULTURAL ACTIVITY
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
SITE
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
SITE PLAN APPROVAL
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements which show the arrangement, layout and design of
the proposed use of a single parcel of land as shown on said plan.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
The first land disturbance activity associated with a development,
including but not limited to land preparation such as clearing, grading
and filling; installation of streets and walkways; excavation for
basements, footings, piers or foundations; erection of temporary forms;
and installation of accessory buildings such as garages.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the Village of Fairport
to accept and review stormwater pollution prevention plans, forward
the plans to the applicable municipal board and inspect stormwater
management practices.
STORMWATER RUNOFF
The flow on the surface of the ground resulting from precipitation.
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.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
This article shall be applicable to all land disturbance activities that will disturb equal to or greater than 25,000 square feet of land, unless exempted under §
439-6C of this article. The article also applies to land disturbance activities that are less than 25,000 square feet disturbance if such activities are part of a larger common plan of development or sale that will disturb equal to or greater than 25,000 square feet, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
The Village of Fairport may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Village of Fairport prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in §
439-10 of this article. At its discretion, the Village of Fairport may allow for a partial release of the financial guarantee based on the completion of various development stages.
Pursuant to Chapter
240, Fees, of the Code of the Village of Fairport, the Village Board may, from time to time, establish fees and set them forth in a fee schedule. The fees set forth in, or determined in accordance with, such fee schedule or amendments thereto shall be charged and collected for the submission of applications, the issuance of permits, amended permits and inspections, as well as any other actions of the designated agent and Stormwater Management Officer contemplated herein.
If the Village of Fairport retains the services
of a professional engineer or other professional for the purpose of
reviewing or analyzing a document or plan required hereunder, or for
the purpose of assisting the Village in monitoring the implementation
of a document or plan, the Village may charge back the cost thereof
to the applicant or other person seeking to implement or maintain
the document or plan. The Village may obtain guaranties of payment
satisfactory to it during the review and approval process.
[Adopted 1-7-2008 by L.L. No. 3-2008 (Ch. 41E, Art. II, of the 1968 Code)]
As used in this article, the following terms
shall have the meanings indicated:
AGRICULTURAL ACTIVITY
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.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DESIGNATED AGENT
Individual(s) designated by the Village of Fairport to conduct
site inspections and/or perform other municipal duties.
FEE IN LIEU
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
HOTSPOT
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
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 DISTURBANCE ACTIVITY
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet of total land area that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land disturbance activities may take place at different
times on different schedules.
LANDOWNER
Person having a legal or beneficial interest in land, whether
as owner, contract vendee, lessee or otherwise.
LETTER OF CREDIT
A document issued by a bank or other financial institution
which guarantees the payment of a customer's drafts for a specified
period and up to a specified amount.
LICENSED/CERTIFIED PROFESSIONAL
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
MAINTENANCE AGREEMENT
A document recorded with the land records of the county that
provides for long-term maintenance of stormwater management practices.
NEW YORK STATE STORMWATER MANAGEMENT DESIGN MANUAL
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates, that serves
as the official guide for stormwater management principles, methods
and practices.
OFF-SITE FACILITY
A stormwater management measure located outside the subject
property boundary.
PERFORMANCE BOND
A bond underwritten by a surety in the contract amount to
guarantee that the contractor will perform the required work according
to the contract specifications.
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a New York State licensed professional
engineer, registered landscape architect, certified professional in
erosion and sediment control (CPESC), or soil scientist.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Reconstruction or modification to any existing, previously
developed land, such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. Redevelopment is
distinguished from development or new development in that new development
refers to construction on land where there had not been previous construction.
Redevelopment specifically applies to construction areas with impervious
surface.
RESPONSIBLE INDIVIDUAL
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
SILVICULTURAL ACTIVITY
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)
A nationally approved program with permits issued in accordance
with the Environmental Conservation Law that authorizes stormwater
discharges from certain construction activities to waters of the United
States.
STOP-WORK ORDER
An order issued requiring that all construction activity
on a site be stopped.
STORMWATER TREATMENT PRACTICES
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
WATER QUALITY STANDARD VIOLATION
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
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."
All applicants are required to submit actual
as-built plans for any stormwater management practices located on
site after final construction is completed. The plan must show the
final design specifications for all stormwater management facilities
and must be certified by a New York State licensed professional engineer.
Release of any performance guaranties shall be conditioned upon a
satisfactory final inspection by the Village of Fairport.
All applicants are responsible for maintaining
the grading of the site so that it is consistent with the certified
as-built plans. Any postconstruction alterations to the landscape
must receive prior approval from the Village of Fairport. Temporary
landscape alterations, such as those associated with utility excavations
and landscaping activities, must be restored to conditions that are
consistent with the certified as-built plans.
[Amended 4-16-2020 by L.L. No. 4-2020]
Reimbursement of consultant fees incurred in relation to the subject matter of this chapter may be incurred and due pursuant to Chapter
241, Reimbursement of Consultant Fees.
If the Village of Fairport retains the services
of a professional engineer or other professional for the purpose of
reviewing or analyzing a document or plan required hereunder, or for
the purpose of assisting the Village in monitoring the implementation
of a document or plan, the Village may charge back the cost thereof
to the applicant or other person seeking to implement or maintain
the document or plan. The Village may obtain guaranties of payment
satisfactory to it during the review and approval process.
The Village of Fairport may, at its discretion,
require the submittal of a performance security or bond prior to approval
in order to insure that the stormwater practices are installed as
required by the approved stormwater pollution prevention plan. The
amount of the installation performance security shall be the total
estimated construction cost of the stormwater management practices
approved by the Village of Fairport, plus 25%. The performance security
shall contain forfeiture provisions for failure to complete work specified
in the stormwater pollution prevention plan. The installation performance
security shall be released in full only upon submission of as-built
plans and written certification by a New York State licensed professional
engineer that the stormwater practice has been installed in accordance
with the approved plan and other applicable provisions of this article.
The Village of Fairport will make a final inspection of the stormwater
practice to ensure that it is in compliance with the approved plan
and the provisions of this article. Provisions for a partial pro rata
release of the performance security based on the completion of various
development stages can be done at the discretion of the Village of
Fairport.