As used in Articles
I through
V of this chapter, the following terms shall have the meanings indicated.
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and water
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 development activity.
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.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes any vegetative surface cover.
COUNTY CLERK
The County Clerk of the County of Nassau, State of New York.
DEC
The State Department of Environmental Conservation.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DESIGN MANUAL
The version of the State Stormwater Management Design Manual,
in effect from time to time, including applicable updates, which serves
as the official state guide for stormwater management principles,
methods and practices.
DEVELOPER
A person who undertakes land development activities.
EPA
The United States Environmental Protection Agency.
EROSION
The removal of soil particles by the action of water, wind,
ice or other geological agents.
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
IMPERVIOUS COVER
Those surfaces, improvements, and structures that cannot
effectively infiltrate rainfall, snowmelt, and water (e.g., building
rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT
A SPDES permit issued to a commercial industry or group of
industries which regulates the pollutant levels associated with industrial
stormwater discharges or specifies on-site pollution control strategies.
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 DEVELOPMENT ACTIVITY
Construction activity, including, but not limited to, clearing,
grading, excavating, soil disturbance, and 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
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 on different schedules.
LANDOWNER
The legal and/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.
MAINTENANCE AGREEMENT
A document legally recorded in the office of the Nassau County
Clerk that acts as a property deed restriction, and which provides
for long-term maintenance of stormwater management practices.
MS4s
Municipal separate stormwater sewer systems.
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 land development
activity.
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and/or other habitats for
threatened, endangered, or special concern species.
SMO
The Stormwater Management Officer.
SMPs
Stormwater management practices.
SPDES
State Pollutant Discharge Elimination System.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STATE
The State of New York.
STOP-WORK ORDER
An order issued which requires that all, or a specified portion
of, construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt, and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or toxicants than are found in typical
stormwater runoff.
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 FACILITY
One or a series of stormwater management practices installed,
stabilized, and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT OFFICER
The Superintendent of Buildings, or his designee or such
other person appointed by the Board of Trustees, as the designated
officer of the Village to accept and review stormwater pollution prevention
plans, forward the plans to the applicable Village board or committee
and inspect stormwater management practices.
[Amended 3-7-2019 by L.L.
No. 1-2019]
STORMWATER MANAGEMENT PRACTICES
Measures, either structural, nonstructural, or a combination
of the two, 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.
STREAM CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
STRUCTURE
As defined in the Zoning Chapter of the Village Code.
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 undergroundwaters),
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 surface waters of the state. The said 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.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.