A.
This chapter shall be known as the "Stormwater Management
Law" of the Village of Rye Brook.
B.
Background.
(1)
The Village of Rye Brook is an operator of a municipal
separate stormwater system (MS4), and subject to the permitting requirements
as established by the U.S. Environmental Protection Agency (EPA) through
the National Pollutant Discharge Elimination System (NPDES) permit.
In 1991, Phase II of these regulations were finalized, requiring smaller
communities with urbanized areas to develop plans for the control
of stormwater within their jurisdictions by March 2003, to be implemented
by 2008.
(2)
The initial step toward providing a stormwater pollution
prevention plan under the EPA Phase II NYSPDES permit is to develop
and implement six minimum pollution prevention measures that have
been identified as a necessary and integral part of an approved stormwater
management program for the Village of Rye Brook that includes public
education, public involvement, detection and elimination of illicit
connections, construction site runoff control, postconstruction stormwater
control, pollution prevention and good housekeeping. This chapter
is intended to meet a number of these measures and objectives by regulating
the impacts of construction activity on soil erosion and stormwater
runoff in the Village.
(3)
The Village seeks to achieve, for most single-family
and two-family residences, the management of stormwater runoff by
installation of one or a combination of the following: dry wells,
recharge systems, catch basins, driveway and/or curtain drains, or
piping to nearby existing municipal storm drain systems.
The Village of Rye Brook finds that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase: a) stormwater runoff rates and volumes; b)
flooding; c) stream channel erosion; or d) sediment transport and
deposition;
B.
Stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
C.
Stormwater runoff can carry pollutants into receiving
water bodies and degrade water quality;
D.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitats;
E.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation;
F.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow;
G.
Improperly managed stormwater runoff can increase
the incidence of flooding and the level of floods that occur, endangering
property and life;
H.
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
I.
Stormwater runoff, soil erosion and nonpoint-source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
J.
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; and
K.
Regulation of land development activities by means
of performance standards management and site design will produce development
compatible with the natural governing stormwater functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
[Amended 3-8-2011 by L.L. No. 1-2011]
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 this jurisdiction and to address the findings of fact in § 217-2 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the
requirements of minimum measures 4 and 5 of the SPDES General Permit
for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s), Permit No. GP-02-02, as amended or revised;
B.
Require
land development activities to conform to the substantive requirements
of the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-02-01, or as amended or revised;
C.
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.
Promote
groundwater recharge and maintain stream base flow.
E.
Minimize
increases in pollution caused by stormwater runoff from land development
activities that would otherwise degrade local water quality;
F.
Minimize
the total annual volume of stormwater runoff that flows from any specific
site during and following development to the maximum extent practicable;
G.
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; and
H.
Encourage
the use of green infrastructure practices to control stormwater runoff
such as protecting natural areas, reducing impervious cover, and runoff
reduction techniques to the maximum extent practicable.
In accordance with Article 10 of the Municipal
Home Rule Law of the State of New York, the Board of Trustees of the
Village of Rye Brook has the authority to enact and amend local laws
for the purpose of promoting the health, safety or general welfare
of the Village of Rye Brook and for the protection and enhancement
of its physical environment. The Village Board of Trustees may include
in any such local law provisions for the appointment of any municipal
officer, employees, or independent contractor to effectuate, administer
and enforce such local law.
A.
This chapter shall be applicable to all land development activities as defined in this chapter in § 217-7.
B.
All land development activities subject to review
and approval by the Village under subdivision, site plan, and/or special
permit regulations shall be reviewed subject to the standards contained
in this chapter.
[Amended 10-27-2020 by L.L. No. 9-2020; 11-16-2020 by L.L. No. 10-2020]
For the purposes of this chapter, the following activities are
exempt from review under this chapter:
A.
Any activity which increases the impervious surface coverage of the
property by less than 400 square feet.
B.
Agricultural activity as defined in this chapter.
C.
Silvicultural activity, except that landing areas and log haul roads
are subject to this chapter.
D.
Routine maintenance activities to an existing stormwater management
facility performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
E.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
F.
Any part of a subdivision if a plat for the subdivision was approved
by the Village and filed with the Westchester County Clerk, Division
of Land Records, on or before the effective date of this chapter.
G.
Land development activities for which a building permit was approved
on or before the effective date of this chapter.
H.
Cemetery graves.
I.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
J.
Emergency activity immediately necessary to protect life, property
or natural resources, as determined by the Village Superintendent
of Public Works/Village Engineer.
K.
Activities of an individual engaging in home gardening, such as growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meanings 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 having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of any person,
animal or chattel.
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 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, which 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 or fill of material, including the resulting conditions
thereof.
Green infrastructure approaches infiltrate, evapotranspire
or reuse stormwater, using soils and vegetation rather than hardscape
collection, conveyance and storage structures. Common green infrastructure
approaches include green roofs, trees and tree boxes, rain gardens,
vegetated swales, pocket wetlands, infiltration planters, vegetated
median strips, reforestation, and protection and enhancement of riparian
buffers and floodplains.
[Added 3-8-2011 by L.L. No. 1-2011]
All buildings, as defined herein, and all areas on the ground
or elevated above the ground that are comprised of materials through
which water cannot readily flow, including but not limited to asphalt,
concrete, masonry, wood, gravel and clay, and which consist of elements,
including but not limited to courtyards, sports courts, swimming pools,
patios, decks, sidewalks, ramps, terraces, and driveways.
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries that regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
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 provides for long-term maintenance of stormwater management
practices.
Any land disturbance activity, including but not limited
to clearing, grading, excavating, soil disturbance or placement of
fill that results in land disturbance equal to or greater than 20,000
square feet, or activities disturbing less than a total of 20,000
square feet of 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 and on different schedules.
For the purposes of this chapter, the following development
activities shall be considered "minor project:" any land disturbance
activity, including but not limited to clearing, grading, excavating,
soil disturbance or placement of fill that results in a net increase
of 400 square feet or more of impervious surface coverage, but less
than 20,000 square feet of impervious surface coverage per lot, including
lots that are part of a subdivision application.
[Amended 11-16-2020 by L.L. No. 10-2020; 3-8-2022 by L.L. No. 3-2022]
Pollution from any source other than from any discernible,
confined and discrete conveyances, and shall include but not be limited
to pollutants from agriculture, silviculture, 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,
certified professional in erosion and sediment control (CPESC), or
registered landscape architect or someone working under the direct
supervision of, and at the same company as, the licensed professional
engineer or registered landscape architect, provided that person has
training in the principles and practices of erosion and sediment control.
[Added 3-8-2011 by L.L. No. 1-2011]
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving a site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special concern species.
The management of trees for human use.
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.
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.
The use of practices that prevent exposed soil from eroding.
A written order issued by the Building Inspector or Code
Enforcement Officer that requires all construction activity on a site
to be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxic materials 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 control of stormwater runoff.
The Village Superintendent of Public Works/Village Engineer
or officer designated by the Village to accept and review stormwater
pollution prevention plans, forward the plans to the applicable approval
authority, inspect stormwater management practices, and enforce the
requirements of this chapter.
[Amended 10-27-2020 by L.L. No. 9-2020; 11-16-2020 by L.L. No. 10-2020]
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.
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 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 that also meet the criteria of this definition
are not waters of the state. This exclusion applies only to man-made
bodies of water that were neither originally created in waters of
the state (such as a disposal area in wetlands) nor resulted from
impoundment of waters of the state.
An employee from the contracting (construction) company,
who has received four hours of Department-endorsed training in proper
erosion and sediment control principles. After receiving the initial
training, the trained contractor shall receive four hours of training
every three years. It can also mean an employee from the contracting
(construction) company that meets the qualified inspector qualifications.
[Added 3-8-2011 by L.L. No. 1-2011]
A permanent or intermittent stream or other body of water,
either natural or fabricated, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
Any area that meets one or more of the following criteria:
A.
Lands and waters that meet the definition provided
in § 24-0107.1 of the New York State Freshwater Wetlands
Act (Article 24 and Title 23 of Article 72 of the Environmental Conservation
Law) and have an area of at least 12.4 acres or, if smaller, have
unusual local importance as determined by the Commissioner pursuant
to § 24-0301.1 of the New York State Freshwater Wetlands
Act. The approximate boundaries of such lands and waters are indicated
on the Official Freshwater Wetlands Map promulgated by the Commissioner
pursuant to § 24-0301.5 of the New York State Freshwater
Wetlands Act, or such a map that has been amended or adjusted pursuant
to § 24-0301.6 thereof.
B.
All areas that comprise hydric soils and/or are inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and under normal circumstances do support,
a prevalence of hydrophytic vegetation as defined by the Federal Interagency
Committee for Wetland Delineation, 1989 Federal Manual for Identifying
and Delineating Jurisdictional Wetlands, prepared by the Federal Interagency
Committee of the United States Army Corps of Engineers, United States
Environmental Protection Agency, United States Fish and Wildlife Service
and United States Department of Agriculture (USDA) Natural Resources
Conservation Soil Conservation Service.
C.
All areas within and including the finite boundaries
of a wetland. General locations of wetlands are depicted on the Freshwater
Wetlands and Watercourses Map. Finite boundaries of wetlands will
be established when necessary upon request by the wetland owner, the
approval authority, the applicant, the Commissioner of the New York
State Department of Environmental Conservation or other persons whose
interests are shown to be affected. Such establishment will consist
of appropriate field survey work by a qualified wetland scientist
and acceptance by the approval authority.
