It is the intent of this Part 1 to adopt a stormwater management
and erosion and sediment control local law that will satisfy the relevant
part of the Phase II Stormwater Regulations adopted by the New York
State Department of Environmental Conservation.
It is hereby determined 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, or sediment transport and deposition.
B.
This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitats 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 habitats.
D.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank 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 Village.
G.
Stormwater runoff, soil erosion and non-point-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
non-point-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.
The purpose of this Part 1 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 findings of fact in this Part. This
Part 1 seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of the SPDES General
Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02, as
amended or revised;
B.
Require land development activities to conform to the substantive
requirements of SPDES General Permit for Construction Activities,
Permit No. GP-02-01, as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during or following development to the maximum
extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion and non-point-source
pollution, wherever possible, through stormwater management practices
and ensure that these management practices are properly maintained
and eliminate threats to public safety.
In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the Board of Trustees of the Incorporated
Village Old Field has the authority to enact and amend provisions
of its Code by local law for the purpose of promoting the health,
safety or general welfare of the Village of Old Field and for the
protection and enhancement of its physical environment. The Board
of Trustees may include provisions for the appointment of any municipal
officer, employee, or independent contractor to effectuate, administer
and enforce such local laws and code provisions.
A.
For the purposes of this Part 1, 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 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 elsewhere in this Code when it is deemed by the Building Inspector, Village Engineer or any other official, board, or committee of the Village to be appropriate to do so.
B.
AGRICULTURAL ACTIVITY
APPLICANT
BUILDING
CHANNEL
CLEARING
DEC
DEDICATION
DESIGN MANUAL
DEVELOPER
EPA
EROSION CONTROL MANUAL
GRADING
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
MAINTENANCE AGREEMENT
MS4s
NON-POINT-SOURCE POLLUTION
PERSON
PHASING
POLLUTANT OF CONCERN
PROJECT
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
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 (SMO)
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
STRUCTURE
SURFACE WATERS OF THE STATE
WATERCOURSE
WATERWAY
As used in this Part 1, 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 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 the vegetative surface cover.
The New York State Department of Environmental Conservation.
The deliberate appropriation of property by its owner for
general public use.
The State Stormwater Management Design Manual, most recent
version, including applicable updates, which serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The United States Environmental Protection Agency.
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 allow little
or no penetration of runoff (from precipitation) into the soil (e.g.,
building rooftops, pavement, sidewalks, driveways, etc).
An 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 by which water seeps into the soil.
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 at least one acre, or activity disturbing
less than one acre of total land area that is part of a larger common
plan of development or sale, which, in the aggregate, results in land
disturbance equal to or greater than one acre, even though multiple
separate and distinct land development activities may take place at
different times or 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 legally recorded in the office of the Suffolk
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 (such as a pipe, channel, ditch,
sluice, stream, etc.), and shall include but not be limited to pollutants
from agricultural, silvicultural, mining, construction, subsurface
disposal, salt water intrusion and urban runoff sources.
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 pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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, including the
areas in and around Flax Pond, Conscience Bay, Smithtown Bay and Long
Island Sound.
The 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-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, based on monitoring studies.
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 Village Engineer, or his designee, 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.
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 non-point-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.
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 underground
waters), which are wholly or partially within or bordering the state
or within its jurisdiction, including Flax Pond, Conscience Bay, Smithtown
Bay and Long Island Sound. 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.
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.
A.
This Part 1 shall be applicable to all land development activities.
B.
The Stormwater Management Officer shall accept and review all stormwater
pollution prevention plans and forward such plans to the applicable
Village board. The Stormwater Management Officer may either:
(1)
Review the plans;
(2)
Upon approval by the Board of Trustees, engage the services of a
registered professional engineer to review the plans, specifications,
and related documents at a cost not to exceed a fee schedule established
by the Board of Trustees; or
(3)
Accept the certification of a licensed professional that the plans
conform to the requirements of this Part 1.
C.
All land development activities subject to review and approval by
any board of the Village shall be reviewed by such board, subject
to the standards contained in this Part 1.
The following activities may be exempt from review under this
Part 1:
A.
Agricultural activity, as defined in this Part 1.
B.
Silvicultural activity, except for landing areas and haul roads which
are subject to this Part 1.
C.
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
F.
Land development activities for which a building permit has been
approved on or before the effective date of this Part 1.
G.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
H.
Emergency activity immediately necessary to protect life, property
or natural resources.
I.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
J.
Landscaping and horticultural activities in connection with an existing
structure.
K.
Cemetery graves.