A.
It is the intent of the Board of Trustees, in Articles I through V of this chapter, to establish stormwater management and erosion and sediment controls that will satisfy the relevant part of the Phase II stormwater regulations adopted by DEC. The purpose of Articles I through V 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 the Village and to address the relevant findings of fact of the DEC set forth in this Article I.
B.
(1)
Meet the requirements of minimum measures 4 and 5
of the DEC's SPDES General Permit for Stormwater Discharges from MS4s,
Permit No. GP-02-02, including as amended or revised;
(2)
Require land development activities to conform to
the substantive requirements of SPDES General Permit for Construction
Activities GP-02-01, including as amended or revised;
(3)
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, watercourses and waterways;
(4)
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
(6)
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.
It has been determined by the DEC that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, and/or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
F.
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
G.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
H.
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.
I.
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
A.
For the purposes of Articles I through V of this chapter, certain terms and words are hereby defined. Words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular; the word "shall" is mandatory. Notwithstanding some references for definitional purposes to other chapters of the Village Code, the omission of such references in other instances shall not be taken as an intent not to use such definitions for specific terms that are not defined in this section and are defined in other chapters of said Code when it is deemed by the SMO, the Superintendent of Buildings or any other official, board, or committee of the Village to be appropriate to do so.
[Amended 3-7-2019 by L.L.
No. 1-2019]
B.
AGRICULTURAL ACTIVITY
APPLICANT
BUILDING
CHANNEL
CLEARING
COUNTY CLERK
DEC
DEDICATION
DESIGN MANUAL
DEVELOPER
EPA
EROSION
EROSION CONTROL MANUAL
GRADING
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
LICENSED/CERTIFIED PROFESSIONAL
MAINTENANCE AGREEMENT
MS4s
NONPOINT SOURCE POLLUTION
PHASING
POLLUTANT
POLLUTANT OF CONCERN
PROJECT
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
SMO
SMPs
SPDES
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
STABILIZATION
STATE
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES
STORMWATER POLLUTION PREVENTION PLAN
STORMWATER RUNOFF
STREAM CHANNEL
STRUCTURE
SURFACE WATERS OF THE STATE
SWPPP
VILLAGE
WATERCOURSE
WATERWAY
As used in Articles I through V of this chapter, the following terms shall have the meanings indicated.
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.
A property owner or agent of a property owner who has filed
an application for a land development activity.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes any vegetative surface cover.
The County Clerk of the County of Nassau, State of New York.
The State Department of Environmental Conservation.
The deliberate appropriation of property by its owner for
general public use.
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.
A person who undertakes land development activities.
The United States Environmental Protection Agency.
The removal of soil particles by the action of water, wind,
ice or other geological agents.
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.
Those surfaces, improvements, and structures that cannot
effectively infiltrate rainfall, snowmelt, and water (e.g., building
rooftops, pavement, sidewalks, driveways, etc).
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.
The process of percolating stormwater into the subsoil.
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."
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.
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.
A person licensed to practice engineering in the state or
a certified professional in erosion and sediment control.
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.
Municipal separate stormwater sewer systems.
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.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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.
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.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and/or other habitats for
threatened, endangered, or special concern species.
The Stormwater Management Officer.
Stormwater management practices.
State Pollutant Discharge Elimination System.
A DEC SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
A DEC SPDES permit issued to municipalities to regulate discharges
from municipal separate storm sewers for compliance with EPA and/or
DEC established water quality standards and/or to specify stormwater
control standards.
The use of practices that prevent exposed soil from eroding.
The State of New York.
An order issued which requires that all, or a specified portion
of, construction activity on a site be stopped.
Rainwater, surface runoff, snowmelt, and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or toxicants than are found in typical
stormwater runoff.
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 the purpose of controlling stormwater
runoff.
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]
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.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
As defined in the Zoning Chapter of the Village Code.[1]
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.
Stormwater pollution prevention plan.
Village of Baxter Estates.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Board of Trustees has
the authority to enact and amend rules, regulations and/or local laws
for the purpose of promoting the health, safety or general welfare
of the Village and for the protection and enhancement of its physical
environment. The Board of Trustees may include in any such rules,
regulations and/or local laws provisions for the appointment of any
municipal officer, employees, or independent contractor to effectuate,
administer, and enforce such rules, regulations and/or local laws.
B.
The Village shall designate a SMO who shall accept
all stormwater pollution prevention plans and notify the applicable
Village board. The SMO may either:
The following activities are exempt:
A.
Agricultural activity as defined in this article.
B.
Routine maintenance activities that disturb less than
250 square feet and are performed to maintain the original line and
grade, hydraulic capacity or original purpose of a facility.
C.
Repairs to any SMP or facility deemed necessary by
the SMO.
D.
Any part of a subdivision if a plat for the subdivision
has been approved by the Village Planning Board on or before the effective
date of this chapter, except where the Planning Board has reserved
site plan review or other continuing jurisdiction.
E.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
F.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
G.
Emergency activity immediately necessary to protect
life, property or natural resources.
H.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and/or other plants primarily for use
by that person and his or her family.
I.
Landscaping and horticultural activities in connection
with an existing structure.
