Town of Greece, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
In accordance with Article 4 of the Town Law of the State of New York, the Municipal Home Rule Law, and the Statutes of Local Government, the Town of Greece Board has the authority to enact laws for the purpose of promoting the health, safety, or general welfare of the Town of Greece, including the protection and preservation of the property of its inhabitants. By the same authority, the Town Board of the Town of Greece may include in any such law provisions for the appointment of any municipal employees to effectuate and administer such law.
For the purposes of this chapter, 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 land disturbance activity or stormwater management permit.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal or drainage from raw materials storage.
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.
CHIEF ENGINEER
The manager of the Town of Greece's Engineering Division, as designated by the Town Board of the Town of Greece.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to SPDES construction permits. Currently these include construction projects resulting in land disturbance of one acre or more. Such 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
The individual(s) directed by the Town of Greece to conduct site inspections and/or perform other municipal duties.
DISCHARGER
Any individual, association, organization, partnership, firm, corporation or other entity discharging stormwater to the municipal storm sewer.
EARTHWORK
Construction activities including clearing, grading, excavating, soil disturbance or placement of fill that result in land disturbance.
EROSION CONTROL
Measures that minimize erosion.
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.
HAZARDOUS MATERIALS
Any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
HOTSPOT
An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system. For stormwater discharges to the sanitary sewer system, see Town Code Chapter 164, Sewers and Sewage Disposal.
A. 
Either of the following:
(1) 
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any nonstormwater discharge, including sewage, process wastewater and wash water, to enter the storm drain system and any connection to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by a government agency; or
(2) 
Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the Town of Greece.
B. 
For stormwater connections to the sanitary sewer system, see Town Code Chapter 164, Sewers and Sewage Disposal.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL ACTIVITY
Activities subject to SPDES industrial permits as defined in 40 CFR 122.26(b)(14).
INDUSTRIAL WASTES
Any liquid, gaseous or solid substance or a combination thereof which is an undesired byproduct waste resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources, except garbage.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
A wetland that meets the NYSDEC and/or Army Corps of Engineers standards, or a wetland the NYSDEC and/or the Army Corps of Engineers determines to be subject to its regulatory authority.
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 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 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; prepared by the Center for Watershed Protection, 8390 Main Street, Ellicott City, Maryland, for the New York State Department of Environmental Conservation.
NEW YORK STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROL
The most recent version of this publication, which is commonly known as the "Blue Book"; prepared by the New York State Soil and Water Conservation Committee, Albany, New York, for the New York State Department of Environmental Conservation.
NONSTORMWATER DISCHARGE
Any discharge to the storm drain system that is not composed entirely of stormwater.
OFF-SITE FACILITY
A stormwater management measure located outside the subject property boundary.
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.
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 completed before the clearing of the next.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordnance 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 constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
PRIVATE SEWAGE DISPOSAL SYSTEM
A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility that treats sewage or other liquid wastes for discharge into the groundwater of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law.
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of erosion and sediment controls, such as a 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.
SANITARY SEWER
A sewer which transports sewage and to which storm-, surface and ground waters are not intentionally admitted.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground-, surface and stormwater as may be inadvertently present. The admixture of sewage with industrial wastes as defined above or other wastes also shall be considered "sewage" within the meaning of this definition.
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 show the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
A. 
Discharge compliance with water quality standards: the condition that applies where a municipality has been notified that the discharge of stormwater authorized under its municipal separate storm sewer (MS4) permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Town of Greece must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
B. 
303(d) listed waters: the condition in the Town of Greece's MS4 permit that applies where the Town of Greece discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
C. 
Total maximum daily load (TMDL) strategy: the condition in the Town of Greece MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by the EPA for a water body or watershed into which the Town of Greece discharges. If the discharge from the Town of Greece did not meet the TMDL stormwater allocation prior to September 10, 2003, the Town of Greece was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
D. 
The condition in the Town of Greece's MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which the Town of Greece discharges. Under this condition, the Town of Greece must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If the Town of Greece is not meeting the TMDL stormwater allocations, the Town of Greece must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
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.
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.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by NYSDEC [under authority delegated pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual or general area-wide basis.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels (i.e., ditches), reservoirs and other drainage structures.
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
An employee or officer designated by the Chief Engineer to accept and review stormwater pollution prevention plans, forward the plans to the Town of Greece Planning Board and inspect stormwater management practices.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
The flow on the surface of the ground, resulting from precipitation.
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 nonpoint source pollution inputs to stormwater runoff and water bodies.
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 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.
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 use) are impaired by pollutants, prepared periodically by the Department of Environmental Conservation as required by Section 303(d) of the Clean Water Act. 303(d) listed water 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.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
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.
WATERS OF THE UNITED STATES
Surface waters of the United States and water bodies as defined at 40 CFR 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.
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."