This article shall be known as the "Stormwater Management and
Erosion and Sediment Control Law."
Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows:
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 land-disturbance activity.
BUILDING
Any roofed walled structure, either temporary, permanent and/or vacant, as per the definitions stated in Chapter
58, §
58-2, of the Code of the Village of Brockport.
CHANNEL
A natural or artificial watercourse, with a definite bed
and banks, that conducts continuously or periodically flowing water.
CLEAN WATER ACT
The Federal Water Protection Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereof.
CLEARING
Any activity which removes the vegetative surface cover.
CODE ENFORCEMENT INSPECTOR
Includes the Code Enforcement Officer and all inspectors
employed by the Village of Brockport, as certified by the State of
New York either in the capacity of code enforcement officer, building
inspector and fire marshal, and/or titled as the assistant code enforcement
officer, assistant building inspector and deputy fire marshal, or
any combination thereof.
CODE ENFORCEMENT OFFICER
An officer employed by the Village of Brockport as certified
by the State of New York either in the capacity of the code enforcement
officer, building inspector, fire marshal, planning/zoning officer,
peace officer, stormwater manager, floodplain administrator or any
combination thereof.
COMPLIANCE ORDER
A written order for the remedying of found violation(s) of the code(s), pursuant to Article
I, §
27-15B.
CONSTRUCTION ACTIVITY
Activity requiring authorization under the SPDES permit Stormwater
Discharge from Construction Activity, GP-02-02, as amended or revised.
Currently, these activities include but are not limited to clearing
and grubbing, grading, excavating and demolition.
DEC
The New York State Department of Environmental Conservation.
DESIGNATED AGENT
Individual(s) directed by the Village of Brockport to conduct
site inspections and/or perform other municipal duties.
DWELLING
Includes one-family and two-family dwellings, multiple-family dwellings, boardinghouses, rooming houses, and apartment houses, as per the definitions stated in Chapter
58, §
58-2, of the Code of the Village of Brockport. The actual use and occupancy of a dwelling at the time of any application for certificates or permits hereunder, registrations, their renewal, or any compliance or complaint inspection(s) required to be made by the Code Enforcement Officer, regardless of any other classification of the property (whether for tax purposes or otherwise), shall determine whether and to what extent the dwelling is subject to the provisions of this article.
DWELLING UNIT
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with living, sanitary
and sleeping facilities.
EARTHWORK
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill, that result in land disturbance.
EROSION AND SEDIMENT CONTROL PLAN
A set of plans prepared by or under the direction of a licensed
professional engineer indicating the specific measures and sequencing
to be used controlling sediment and erosion on a development site
before, during and after construction.
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.
IMPERVIOUS COVER
Surface improvements and structures that cannot effectively
be infiltrated by rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND-DISTURBANCE ACTIVITY
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
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
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.
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 which provides for the long-term maintenance of
stormwater management practices. It is anticipated that this document
will be recorded in the Monroe County Clerk's office and will
act as a property deed restriction or encumbrance.
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.
NON-POINT-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.
NYSDEC
The New York State Department of Environmental Conservation.
OWNER
The person or entity in whose name the premises affected
by an order issued in accordance with this article is recorded as
the owner in the office of the Monroe County Clerk.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
PHASING
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include but not be limited to paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid waste
and yard waste; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, ordnances and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from construction of a building or structure;
and noxious or offensive matter of any kind.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediments
(such as total suspended solids, turbidity or silt) 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.
PREMISES
Any building, lot, parcel or land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
PROJECT
Any construction, removal of building and/or surface materials,
or development activity upon real property.
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of
erosion and sediment control, 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 shows 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 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.
STOP-WORK ORDER
A public notice placed on a building, structure, premises, dwelling unit, equipment and/or land pursuant to Article
I, §
27-15B, that work and/or a use is in noncompliance and shall cease.
STORMWATER
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
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 (SMO)
The Code Enforcement Officer, the Municipal Engineer or other
public official(s) designated by the Trustees of the Village of Brockport
to enforce this article. The SMO may also be designated by the municipality
to accept and review stormwater pollution prevention plans, forward
the plans to applicable municipal boards and the Municipal Engineer
as well, or designate the inspection of 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 waters 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
Any body of water, including but not limited to lakes, ponds,
rivers, streams, canals, wetlands or drainage ditches, which have
been delineated by the Village of Brockport or any other local, state
or federal regulatory authority.
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 greater than or equal to 2,000 square feet of land, unless exempted under §
27-10C of this article. This article also applies to land-disturbance activities that are less than 25,000 square feet of disturbance if such activities are part of a larger common plan of development or sale that will disturb greater than or equal to 25,000 square feet, even though multiple separate and distinct land-disturbance activities may take place at different times on different schedules.
In accordance with Article 21 of the Village Law of the State of New York, Article 3 of the Municipal Home Rule Law of the State of New York and Chapter
28 of the Code of the Village of Brockport, the Board of Trustees has the authority to enact laws for the purpose of promoting the health, safety or general welfare of the Village of Brockport, including the protection and preservation of the property of its inhabitants. By the same authority, the Board of Trustees may include in any such law provisions for the authorizing of any municipal employees and/or agent of the Village of Brockport to effectuate and administer such law.
The Board of Trustees, pursuant to Chapter
42, §
42-14, shall designate a Stormwater Management Officer, who shall accept and review all SWPPPs and forward such plans to the applicable municipal board. A consultant cannot be appointed as Stormwater Management Officer. The Stormwater Management Officer may review the plans; upon approval by the Board of Trustees, engage the services of a New York State licensed professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or accept the certification of a licensed/certified professional that the plans conform to the requirements of this article. The Stormwater Management Officer (SMO) shall administer, implement and enforce the provisions of this article. Any powers granted or duties imposed upon the Village of Brockport may be delegated, in writing, by the Village of Brockport to persons or entities acting in the beneficial interest of or in the employ of the agency.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
or imply that compliance by any person will ensure that there will
not be contamination, pollution or unauthorized discharge of pollutants.
The Village of Brockport may, at its discretion, require the applicant to submit a financial guaranty in a form acceptable to the Board of Trustees 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 guaranty shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guaranty shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guaranty shall be released in full only upon satisfaction of the requirements listed in §
27-14 of this article. At its discretion, the Board of Trustees may allow for a partial release of the financial guaranty based on the completion of various development stages.
This article shall take effect and be in force from and immediately
after all proper proceedings are had under the Village Law of the
State of New York.
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.
BUILDING
Any roofed walled structure, either temporary, permanent and/or vacant, as per the definitions stated in Chapter
58, §
58-2, of the Code of the Village of Brockport.
CHANNEL
A natural or artificial watercourse, with a definite bed
and banks, that conducts continuously or periodically flowing water.
CLEARING
Any activity which removes the vegetative surface cover.
CODE ENFORCEMENT INSPECTOR
Includes the Code Enforcement Officer and all inspectors
employed by the Village of Brockport, as certified by the State of
New York either in the capacity of code enforcement officer, building
inspector and fire marshal, and/or titled as the assistant code enforcement
officer, assistant building inspector and deputy fire marshal, or
any combination thereof.
CODE ENFORCEMENT OFFICER
An officer employed by the Village of Brockport as certified
by the State of New York either in the capacity of the code enforcement
officer, building inspector, fire marshal, planning/zoning officer,
peace officer, stormwater manager, floodplain administrator or any
combination thereof.
COMPLIANCE ORDER
A written order for the remedying of found violation(s) of the code(s), pursuant to Article
I, §
27-15B.
CONSTRUCTION ACTIVITY
Activity requiring authorization under the SPDES permit Stormwater
Discharge From Construction Activity, GP-02-02, as amended or revised.
Currently these activities include but are not limited to clearing
and grubbing, grading, excavating and demolition.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DESIGNATED AGENT
Individual(s) directed by the Village of Brockport to conduct
site inspections and/or perform other municipal duties.
DWELLING
To include one-family and two-family dwellings, multiple-family and/or mixed use dwellings, boardinghouses/rooming houses and apartment houses, as per the definitions stated in Chapter
58, §
58-2, of the Code of the Village of Brockport. The actual use and occupancy of a dwelling at the time of any application for a certificate or permit hereunder, registration, their renewal, or any compliance or complaint inspection(s) required to be made by the Code Enforcement Officer, regardless of any other classification of the property (whether for tax purposes, or otherwise), shall determine whether and to what extent the dwelling is subject to the provisions of this article.
DWELLING UNIT
One or more rooms arranged for use of one or more individuals
living together as a single housekeeping unit, with living, sanitary
and sleeping facilities.
FEE-IN-LIEU
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
HOT SPOT
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
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.
LETTER OF CREDIT
A document, issued by a bank, 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 legally recorded document that acts as a property deed
restriction and which 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.
NYSDEC
The New York State Department of Environmental Conservation.
OFF-SITE FACILITY
A stormwater management measure located outside the subject
property boundary.
OWNER
The person or entity in whose name the premises affected
by an order issued in accordance with this article is recorded as
the owner in the office of the Monroe County Clerk.
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 control, 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
A public notice placed on a building, structure, premises, dwelling, equipment and/or land pursuant to Article
II, §
27-32J.
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 non-point-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."
In accordance with Article 21 of the Village Law of the State of New York, Article 3 of the Municipal Home Rule Law of the State of New York and Chapter
28 of the Code of the Village of Brockport, the Board of Trustees has the authority to enact laws for the purpose of promoting the health, safety or general welfare of the Village of Brockport, including the protection and preservation of the property of its inhabitants. By the same authority, the Board of Trustees may include in any such law provisions for the authorizing of any municipal employees and/or agent of the Village of Brockport to effectuate and administer such law.
All applicants are responsible for maintaining the grading of
the site so that it is consistent with the certified as-built plans.
Any post-construction alterations to the landscape shall receive prior
approval from the Village of Brockport. 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.
The Village of Brockport 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 Brockport, 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 Brockport 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
Brockport.
This article shall take effect and be in force from and immediately
after all proper proceedings are had under the Village Law of the
State of New York.