The Board of Trustees of the Village of Roslyn
Harbor finds that uncontrolled drainage and development of land has
a significant adverse impact upon the health, safety, and welfare
of the community. More specifically:
A.
Stormwater runoff can carry pollutants into Hempstead
Harbor, degrading water quality and affecting finfish and shellfish
production.
B.
The increase in nutrients such as phosphorus and nitrogen
accelerates eutrophication of freshwater bodies and Hempstead Harbor,
adversely affecting flora and fauna.
C.
Improperly channeling of water increases the velocity
of runoff, thereby increasing erosion and sedimentation.
D.
Construction requiring the alteration of natural topography
and removal of vegetation tends to increase erosion.
E.
Siltation of freshwater bodies and Hempstead Harbor
resulting from increased erosion decreases their capacity to hold
and transport water, interferes with navigation, and harms flora and
fauna.
F.
Impervious surfaces increase the volume and rate of
stormwater runoff and allow less water to percolate into the soil,
thereby decreasing groundwater recharge.
G.
Improperly managed stormwater runoff can increase
the incidence of flooding and the level of floods which occur, endangering
property and human life.
H.
Improperly managed stormwater runoff can interfere
with the maintenance of optimum salinity in estuarine areas, thereby
disrupting biological productivity.
I.
Substantial economic losses result from these adverse
impacts on community waters.
J.
Many future problems can be avoided if land is developed
in accordance with sound stormwater runoff management practices.
In order to protect, maintain, and enhance both
the immediate and long-term health, safety, and general welfare of
the citizens of Roslyn Harbor, Nassau County and the State of New
York, this article has the following objectives:
A.
To encourage productive and enjoyable harmony between
humanity and nature;
B.
To protect, restore, and maintain the chemical, physical,
and biological integrity of Hempstead Harbor and other community waters;
C.
To prevent individuals, business organizations, and
governments from causing harm to the community by activities which
adversely affect water resources;
D.
To encourage the construction of drainage systems
which aesthetically and functionally approximate natural systems;
E.
To encourage the protection of natural systems and
the use of them in ways which do not impair their beneficial functioning;
F.
To encourage the use of drainage systems which minimize
the consumption of electrical energy or petroleum fuels to move water,
remove pollutants, or maintain the systems;
G.
To minimize the transport of pollutants to Hempstead
Harbor and other community waters;
H.
To maintain or restore groundwater levels;
I.
To protect, maintain, or restore natural salinity
levels in estuarine areas;
J.
To minimize erosion and sedimentation;
K.
To prevent damage to freshwater and tidal wetlands;
L.
To prevent damage from flooding, while recognizing
that natural fluctuations in water levels are beneficial;
M.
To protect, restore, and maintain the habitat of fish
and wildlife; and
N.
To ensure the attainment of these objectives by requiring
the approval and implementation of water management plans for all
activities which may have an adverse impact upon community waters.
In addition to the terms defined in Article II of this chapter, the following words and terms shall have the meaning as defined herein:
Any modifications, alterations, or effects on a feature or
characteristic of community waters or wetlands, including their quality,
quantity, hydrodynamics, surface area, species composition, living
resources, aesthetics, or usefulness for human or natural uses which
are or may potentially be harmful or injurious to human health, welfare,
safety or property, to biological productivity, diversity, or stability
or which unreasonably interfere with the enjoyment of life or property,
including outdoor recreation. The term includes secondary and cumulative
as well as direct impacts.
The removal of trees and brush from the land, but shall not
include the ordinary mowing of grass.
The collection and storage of surface water for subsequent
gradual discharge.
Any component of the drainage system.
The system through which water flows from the land. It includes
all watercourses, water bodies, and wetlands.
The wearing or washing away of soil by the action of wind
or water.
A temporary rise in the level of any water body, watercourse,
or wetland which results in the inundation of areas not ordinarily
covered by water.
A surface which has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
It includes semi-impervious surfaces such as compacted clay, as well
as most conventionally surfaced streets, roofs, sidewalks, parking
lots, and other similar structures.
Systems which predominantly consist of or use those communities
of plants, animals, bacteria, and other flora and fauna which occur
indigenously on the land, in the soil, or in the water.
Those conditions which existed before alteration, resulting
from human activity, of the natural topography, vegetation and rate,
volume or direction of surface or ground water flow, as indicated
by the best available historical data.
Any water bodies, watercourses, or wetlands into which surface
waters flow either naturally, in man-made ditches, or in a closed-conduit
system.
The collection and storage of runoff without subsequent discharge
to surface waters.
Fine particulate material, whether mineral or organic, that
is in suspension or has settled in a water body.
Any structure or area which is designed to hold runoff water
until suspended sediments have settled.
Any tract, lot, or parcel of land or combination of tracts,
lots, or parcels of land which are in one ownership, or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision, or project.
All plant growth, especially trees, shrubs, vines, ferns,
mosses, and grasses.
Any natural or artificial pond, lake, reservoir, or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline.
Any natural or artificial stream, river, creek, channel,
ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street,
roadway, swale, or wash in which water flows in a definite direction,
either continuously or intermittently, and which has a definite channel,
bed or banks.
A drainage area or drainage basin contributing to the flow
of water in a receiving body of water.
Any and all water on or beneath the surface of the ground.
It includes the water in any watercourse, water body, or drainage
system. It also includes diffused surface water and water percolating,
standing, or flowing beneath the surface of the ground, as well as
coastal waters.
Those areas which meet the definition of "wetland" of the
New York State Department of Environmental Conservation and/or the
United States Army Corps of Engineers.
A.
Unless exempted pursuant to Subsection B, a water management plan shall be submitted as follows:
(1)
As part of an application for a partition or subdivision
to the Planning Board;
(2)
As part of any application for development that includes
the alteration, rerouting, deepening, widening, enlargement, or obstruction
of an existing drainage system; or
(3)
As part of any other application for development.
B.
Exemptions. The following development activities are
exempt from the water management plan requirement:
(1)
The development of one single-family dwelling unit
and its accessory structures on a lot lawful prior to the adoption
of this article;
(2)
The development of any accessory structures to a single-family
dwelling unit which existed as of the date of the adoption of this
article;
(3)
Any open space or recreational activity not involving
the artificial drainage of land; and
(4)
Any maintenance, alteration, use, or improvement to
an existing structure not changing or affecting quality, rate, volume,
or location of surface water discharge.
A.
It is the responsibility of an applicant to include
in the water management plan sufficient information for the reviewing
agency to evaluate the environmental characteristics of the affected
areas, the potential and predicted impacts of the proposed activity
on community waters, and the effectiveness and acceptability of those
measures proposed by the applicant for reducing adverse impacts. The
water management plan shall contain maps, charts, graphs, tables,
photographs, narrative descriptions, and explanations and citations
to supporting references, as appropriate to communicate the information
required by this section.
B.
The water management plan shall contain the name,
address, and telephone number of the owner and the developer. In addition,
the legal description of the property shall be provided, and its location
with reference to such landmarks as major water bodies, adjoining
roads, railroads, subdivisions, or towns shall be clearly identified
by a map.
C.
The existing environmental and hydrologic conditions
of the site and of receiving waters and wetlands shall be described
in detail, including the following:
(1)
The direction, flow rate, and volume of stormwater
runoff under existing conditions and, to the extent practicable, predevelopment
conditions;
(2)
The location of areas on the site where stormwater
collects or percolates into the ground;
(3)
A description of all watercourses, water bodies, and
wetlands on or adjacent to the site or into which stormwater flows
and information regarding their water quality and the current water
quality classification, if any;
(4)
Groundwater levels, including seasonal fluctuations;
(5)
Location of floodplains;
(6)
Vegetation;
(7)
Topography; and
(8)
Soils.
D.
Proposed alterations of the site shall be described
in detail, including:
E.
Predicted impacts of the proposed development on existing
conditions shall be described in detail, including:
F.
All components of the drainage system and any measures
for the detention, retention, or infiltration of water for the protection
of water quality shall be described in detail, including:
(1)
The channel, direction, flow rate, volume, and quality
of stormwater that will be conveyed from the site, with a comparison
to existing conditions and, to the extent practicable, predevelopment
conditions;
(2)
Detention and retention areas, including plans for
the discharge of contained waters, maintenance plans, and predictions
of water quality in those areas;
(3)
Areas of the site to be used or reserved for percolation,
including a prediction of the impact on groundwater quality;
(4)
A plan for the control of erosion and sedimentation
which describes in detail the type and location of control measures,
the stage of development at which they will be put into place or used,
and provisions for their maintenance; and
(5)
Any other information which the developer or the reviewing
agency believes is reasonably necessary for an evaluation of the development.
A.
Any applicant for development as defined in this article,
unless exempted, shall submit a water management plan to the Building
Inspector.
B.
A permit fee as provided in Chapter 125, Fees and Deposits, of the Village Code shall be collected at the time the water management plan is submitted.
C.
When the application for development for which the
water management plan has been submitted requires review by any other
review board or agency other than the Building Inspector, the water
management plan shall be considered and approved, with or without
modifications, or rejected by that review agency within the time period
required for that particular application. In all cases where the application
is reviewed only by the Building Inspector, within 45 days after submission
of the completed water management plan, the Building Inspector or
his designee shall approve, with or without specified conditions or
modifications, or reject the plan and shall notify the applicant accordingly.
If the Building Inspector or his designee has not rendered a decision
within 45 days after plan submission, he shall inform the applicant
of the status of the review process and the anticipated completion
date. If a water management plan is rejected or modified, the review
agency or Building Inspector, as applicable, shall state his or its
reasons. However, it is not the responsibility of the review agency
or the Building Inspector to design an acceptable project.
E.
Inspections.
(1)
No certificate of occupancy may be granted unless
the Building Inspector has inspected the development activity as set
forth below, or unless an as-built certification by a licensed professional
engineer has been submitted indicating that the development complies
with the provisions of the approved water management plan. In the
case of inspections by the Building Inspector, the schedule set forth
below shall be followed:
(a)
Initial inspection: prior to approval of the
water management plan.
(b)
Bury inspection: prior to burial of any underground
drainage structure.
(c)
Erosion control inspection: as necessary to
ensure effective control of erosion and sedimentation.
(d)
Finish inspection: when all work, including
installation of all drainage facilities, has been completed.
(2)
The Building Inspector or his designee shall inspect the work and shall either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved water management plan. Any portion of the work which does not comply shall be promptly corrected by the applicant or the applicant shall be subject to the penalty provisions of § 275-84.
Water management plans shall demonstrate that
the proposed development or activity has been planned and designed
and will be constructed and maintained to meet each of the following
standards:
A.
Ensure that after development, runoff from the site approximates the rate of flow, volume, and timing of runoff that would have occurred following the same rainfall under existing conditions and, to the extent practicable, predevelopment conditions, unless runoff is discharged into an off-site drainage facility as provided in § 275-82.
B.
Maintain the natural hydrodynamic characteristics
of the watershed.
C.
Protect or restore the quality of ground- and surface
waters.
D.
Ensure that erosion during and after development is
minimized.
E.
Protect groundwater levels.
F.
Protect the beneficial functioning of wetlands as
areas for the natural storage of surface waters and the chemical reduction
and assimilation of pollutants.
G.
Prevent increased flooding and damage that results
from improper location, construction, and design of structures in
areas which are presently subject to an unacceptable danger of flooding.
H.
Prevent or reverse saltwater intrusion.
I.
Protect the natural fluctuating levels of salinity
in estuarine areas.
J.
Minimize injury to flora and fauna and adverse impacts
to fish and wildlife habitat.
To ensure attainment of the objectives of this
article and to ensure that performance standards will be met, the
design, construction, and maintenance of drainage systems shall be
consistent with the following standards:
A.
Channeling runoff directly into water bodies shall
be prohibited. Instead, runoff shall be routed through swales and
other systems designed to increase time of concentration, decrease
velocity, increase infiltration, allow suspended solids to settle,
and remove pollutants.
B.
Natural watercourses shall not be dredged, cleared
of vegetation, deepened, widened, straightened, stabilized, or otherwise
altered. Water shall be retained or detained before it enters any
natural watercourse in order to preserve the natural hydrodynamics
of the watercourse and to prevent siltation or other pollution.
C.
The area of land disturbed by development shall be
as small as practicable. Those areas which are not to be disturbed
shall be protected by an adequate barrier from construction activity.
Whenever possible, natural vegetation shall be retained and protected.
D.
No grading, cutting, or filling shall be commenced
until erosion and sedimentation control devices have been installed
between the disturbed area and water bodies, watercourses, and wetlands.
E.
Land which has been cleared for development and upon
which construction has not commenced shall be protected from erosion
by appropriate techniques designed to revegetate the area.
F.
Sediment shall be retained on the site of the development.
G.
Wetlands and water bodies shall not be used as sediment
traps during development.
H.
Erosion and sedimentation facilities shall receive
regular maintenance to ensure that they continue to function properly.
I.
Artificial watercourses shall be designed considering
soil type, so that the velocity of flow is low enough to prevent erosion.
J.
Vegetated buffer strips shall be created or, where
practicable, retained in their natural state along the banks of all
watercourses, water bodies, or wetlands. The width of the buffer shall
be sufficient to prevent erosion, trap the sediment in overland runoff,
provide access to the water body, and allow for periodic flooding
without damage to structures.
K.
Intermittent watercourses, such as swales, should
be vegetated.
L.
Retention and detention ponds shall be used to retain
and detain the increased and accelerated runoff which the development
generates. Water shall be released from detention ponds into watercourses
or wetlands at a rate and in a manner approximating the natural flow
which would have occurred before development.
M.
Although the use of wetlands for storing and purifying
water is encouraged, care must be taken not to overload their capacity,
thereby harming the wetlands and transitional vegetation. Wetlands
should not be damaged by the construction of detention ponds.
N.
The first one inch of runoff from impervious surfaces
shall be retained on the site of the development.
O.
Runoff from parking lots shall be treated to remove
oil and sediment before it enters receiving waters.
P.
Detention and retention areas shall be designed so
that shorelines are sinuous rather than straight and so that the length
of shoreline is maximized, thus offering more space for the growth
of littoral vegetation.
Q.
The banks of detention and retention areas shall slope
at a gentle grade into the water as a safeguard against drowning,
personal injury, or other accidents, to encourage the growth of vegetation,
and to allow the alternate flooding and exposure of areas along the
shore as water levels periodically rise and fall.
R.
The use of drainage facilities and vegetated buffer
zones as open space, recreation, and conservation areas shall be encouraged.
A.
The Building Inspector or his designee may allow stormwater
runoff that is otherwise of unacceptable quality or which would be
discharged in volumes or at rates in excess of those otherwise allowed
by this article to be discharged into drainage facilities off the
site of development if each of the following conditions is met:
(2)
The off-site drainage facilities and channels leading
to them are designed, constructed, and maintained in accordance with
the requirements of this article.
(3)
Adequate provision is made for the sharing of construction
and operating costs of the facilities. The developer may be required
to pay a portion of the cost of constructing the facilities as a condition
of receiving approval of the drainage plan.
(4)
Adverse environmental impacts on the site of development
will be minimized.
B.
A request to use off-site drainage facilities and
all information related to the proposed off-site facilities shall
be made a part of the developer's water management plan.
A.
Drainage facilities shall be dedicated to the Village
of Roslyn Harbor or County of Nassau as appropriate where they are
determined to be appropriately a part of the Village- or county-maintained
regional system or are unlikely to be adequately maintained by the
developer or owner of the property. Acceptance of such dedications
to the Village of Roslyn Harbor shall be solely at the discretion
of the Board of Trustees.
B.
Any easements required or provided by the applicant
for drainage facilities shall be approved by the Village Attorney.
The systems maintained by the owner shall have adequate easements
to permit the Village of Roslyn Harbor to inspect and, if necessary,
to take corrective action should the owner fail to properly maintain
the system. Before taking corrective action, the Village shall give
the owner written notice of the nature of the existing defects. If
the owner fails within 30 days from the date of notice to commence
corrective action or to appeal the matter, the Village may take necessary
corrective action, the cost of which shall become a lien on the real
property until paid.
A.
Nuisance. Any development activity that is commenced
without prior approval of a water management plan or is conducted
contrary to an approved water management plan as required by this
article shall be deemed a public nuisance and may be restrained by
injunction or otherwise abated in a manner provided by law.
B.
Violations of provisions of this article shall be subject to the provisions of § 275-54 of this chapter.
C.
Any violator may be required to restore land to its
undisturbed condition. In the event that restoration is not undertaken
within a reasonable time after notice, the Village of Roslyn Harbor
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
D.
Notice of violation.
(1)
When the Building Inspector or his designee determines
that development activity is not being carried out in accordance with
the requirements of this article, he shall issue a written notice
of violation to the owner of the property. The notice of violation
shall contain:
(a)
The name and address of the owner or applicant;
(b)
The street address when available or a description
of the building, structure, or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial actions necessary
to bring the development activity into compliance with this article
and a time schedule for completion of such remedial action;
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed; and
(f)
A statement that the Building Inspector's or
designee's determination of violation may be appealed.
(2)
The notice of violation shall be served upon the person(s)
to whom it is directed by certified mail to such person at his or
her last known address.
