Unless otherwise expressly stated, the following words shall, for the
purposes of this chapter, have the meanings herein 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 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 project.
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 any vegetative surface cover.
COUNTY CLERK
The County Clerk of the County of Nassau, of the State of New York.
DEC
The State Department of Environmental Conservation.
DEDICATION
The deliberate appropriation of property by its owner for general
public use.
EPA
The United States Environmental Protection Agency.
EROSION
The removal of soil particles by the action of water, wind, ice,
or other geological agents.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
IMPERVIOUS COVER
Those surfaces, improvements, and structures that cannot effectively
infiltrate rainfall, snow melt, and water (e.g., building rooftops, pavement,
sidewalks, driveways, etc.).
INFILTRATION
The process of percolating stormwater into the subsoil.
LANDOWNER
The legal and/or beneficial owner of land, including those holding
the right to purchase or lease the land, and any other person holding proprietary
rights in the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction
and provides for long-term maintenance of SMPs.
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,
and urban runoff sources.
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
Any of the following which may cause or might reasonably be expected
to cause pollution of the waters of the state in contravention of the pertinent
standards promulgated by the federal government, the state, the Village, or
any other municipality or department thereof, having legal jurisdiction to
impose such standards: dredged spoil; filter backwash; solid waste; incinerator
residue; treated or untreated sewage, garbage, and sewage sludge; munitions;
chemical wastes; biological, radioactive, and hazardous materials; heat; wrecked
or discarded equipment; industrial, municipal, and agricultural waste; ballast
discharged into water; paints, varnishes, and solvents; oil and other automotive
fluids; hazardous and nonhazardous liquid and solid wastes; yard wastes, including
branches, grass clippings, and leaves; refuse, rubbish, garbage, litter, and
other discarded or abandoned objects and accumulations so that same may cause
or contribute to pollution; discharges of soaps, detergents, and floatables;
pesticides, herbicides, and fertilizers; sewage, fecal coliforms, and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that
result from constructing a building, structure, or site improvements; cement,
rock, gravel, sand, silt, mud, other soils; and all other noxious or offensive
matter of any kind.
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 project.
PROJECT
Construction activity, including clearing, grading, excavating, soil
disturbance, or placement of fill that results in land disturbance of equal
to or greater than one acre; or activities disturbing less than one acre of
total land area that either are 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 or, which, in the
opinion of the Building Inspector, because of the nature of the activity,
the topography of the land, and/or the proximity of the activity to the boundary
lines of the premises, should be subjected to the implementation of the stormwater
management provisions set forth in this chapter. Projects include both land
development and land redevelopment.
RECHARGE
The replenishment of underground water reserves.
SMP
Stormwater management practice.
SPDES
State Pollutant Discharge Elimination System.
SPDES GENERAL PERMIT
Either a SPDES General Permit For Construction Activities GP-02-01
or a SPDES General Permit For Stormwater Discharges From Municipal Separate
Stormwater Sewer Systems GP-02-02.
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, drainage, and snowmelt.
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 PRACTICE
A measure, either structural or nonstructural, that is 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.
STREAM CHANNEL
A natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
SUPERINTENDENT
The Village Superintendent of Public Works or his or her authorized
deputies, agents, or representatives, or such other person or persons as may,
from time to time, be designated by the Mayor or the Board of Trustees to
perform the duties of the Superintendent pursuant to this chapter.
SURFACE WATERS OF THE STATE
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 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.
SWPPP
Stormwater pollution prevention plan.
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) are impaired
by pollutants, prepared periodically by DEC as required by Section 303(d)
of the federal Clean Water Act. 303(d) listed waters are estuaries, lakes, and streams that fall
short of state surface water quality standards and are not expected to improve
within the next two years.
TMDL
Total maximum daily load.
TOTAL MAXIMUM DAILY LOAD
The maximum amount of a pollutant allowed to be released into a water
body so as not to impair uses of the water, allocated among the sources of
that pollutant.
WATERCOURSE
A permanent or intermittent stream or other body of water, either
natural or man-made, which gathers or carries surface water.
WATERWAY
A stream channel that directs surface runoff to a watercourse or
to a 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 projects shall be subject to the following performance and design
criteria:
A. Technical standards. For the purpose of this chapter,
the following documents shall serve as the official guides and specifications
for stormwater management. SMPs that are designed and constructed in accordance
with those technical documents shall be presumed to meet the standards imposed
by this chapter:
(1) The "New York State Stormwater Management Design Manual,"
most current version or its successor, as amended and revised, including applicable
updates, that serves as the official guide for SMPs, methods, and practices
within the state.
(2) The "New York Standards and Specifications for Erosion
and Sediment Control" (Empire State Chapter of the Soil and Water Conservation
Society, 2004) manual, most current version or its successor, commonly known
as the "Blue Book," as amended and revised.
B. Equivalence to technical standards. Where SMPs are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection
A of this section and the SWPPP shall be prepared by a licensed/certified professional.
C. Water quality standards. No project shall cause an increase
in turbidity that will result in substantial visible contrast to natural conditions
in surface waters of the state.
Any person receiving a notice of violation may appeal within seven calendar
days of its issuance. The Superintendent shall hear the appeal within 15 days
after the filing of the appeal, and within five days of making his or her
decision, issue a decision by certified mail to the appellant. The Superintendent
may conduct the hearing and take evidence, or may designate another officer
or employee of the Village to do so.
The remedies listed in this chapter are not exclusive of any other remedies
available under any applicable federal, state, or local law and it is within
the discretion of the Superintendent and of the Village to seek cumulative
remedies.
The Village may require any person undertaking projects regulated by
this chapter to pay reasonable fees and costs at prevailing rates for review
of SWPPPs, inspections, or SMP maintenance performed by the Village or performed
by a third party for the Village.