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:
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.
A property owner or agent of a property owner who has filed
an application for a land disturbance activity or stormwater management
permit.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity which removes the vegetative surface cover.
The manager of the Town of Greece's Engineering Division,
as designated by the Town Board of the Town of Greece.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
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.
The deliberate appropriation of property by its owner for
general public use.
The individual(s) directed by the Town of Greece to conduct
site inspections and/or perform other municipal duties.
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
Construction activities including clearing, grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
Measures that minimize erosion.
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.
Excavation or fill of material, including the resulting conditions
thereof.
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.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
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.
Either of the following:
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
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.
For stormwater connections to the sanitary sewer system, see Town Code Chapter 164, Sewers and Sewage Disposal.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
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.
The process of percolating stormwater into the subsoil.
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.
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.
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.
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.
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).
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
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.
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.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
A stormwater management measure located outside the subject
property boundary.
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.
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.
Clearing a parcel of land in distinct sections, with the
stabilization of each section completed before the clearing of the
next.
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.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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.
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.
The replenishment of underground water reserves.
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.
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.
A sewer which transports sewage and to which storm-, surface
and ground waters are not intentionally admitted.
Measures that prevent eroded sediment from leaving the site.
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.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
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.
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.
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.
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.
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.
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.
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.
The use of practices that prevent exposed soil from eroding.
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.
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.
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.
An order issued which requires that all construction activity
on a site be stopped.
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.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The flow on the surface of the ground, resulting from precipitation.
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.
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.
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.
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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
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.
A channel that directs surface runoff to a watercourse, or
to the public storm drain.
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."
