[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 7-18-1989 by L.L. No. 5-1989. Amendments noted where applicable.]
Stormwater runoff and combined overflows which drain into the Nissequogue River, Smithtown Bay and Stony Brook Harbor contain pollutants and sediments which significantly affect the quality of those waters. Conservation of high water quality and improvement of the quality of the waters where contamination has occurred are major objectives of the Local Waterfront Revitalization Program entered into by the Village of Nissequogue jointly with the Village of Head-of-the-Harbor, under the Coastal Management Program of the State of New York. The purpose of this chapter is to establish measures to assist in controlling the entry of water contaminants into the Nissequogue River, Smithtown Bay and Stony Brook Harbor.
To the extent practicable, considering the topography of the area, no direct discharge of stormwater runoff to surface waters, marshes or wetlands is permitted. It is the intent of this chapter to regulate man-made alteration of natural stormwater runoff.
Site development plans shall include measures such as holding ponds, sedimentation basins, berming, vegetated buffer areas or other means to attenuate the outflow of stormwater pollutants.
Any water discharged from control systems shall be of acceptable quality before it is permitted to enter wetlands or surface waters.
[Amended 6-27-1991 by L.L. No. 11-1991]
All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone within 150 feet of any water bodies, including wetlands or marshes, which will confine visible siltation to the 25% of the buffer nearest to the activity which disturbs the land.
Site designs shall minimize impermeable paving.
Site designs shall incorporate the use of natural land features, such as shallow depressions, whenever possible for the on-site collection of stormwater for recharge. In no circumstances shall such a feature be utilized if subsurface conditions cause a stagnant pool to develop.
Natural vegetation and trees shall be retained to the maximum extent possible in the site design in order to reduce erosion potential and stormwater runoff.
[Added 6-27-1991 by L.L. No. 11-1991]
[Added 6-27-1991 by L.L. No. 6-1991; amended 5-19-1998 by L.L. No. 4-1998; 8-16-2005 by L.L. No. 3-2005]
Conservation; erosion mitigation devices; other slope disturbance.
No slope of 25% or more shall, in any circumstance, be developed, nor shall it be disturbed except for conservation measures. Natural vegetation shall be retained, except that vines and poison ivy may be removed if a replanting with native vegetation suitable for the location is immediately completed as approved by the Building Inspector and the LWRP Committee.
Any development in any area with a slope in excess of 20% (in the footprint area of the finished structure to be developed) must be approved as to erosion mitigation devices (such as slope boards, jute cloth, hay bales, plantings, Belgium block curbing, added precast leaching basins, pressure-treated lumber, concrete or stone retaining walls, concrete or blacktop surfaces to divert runoff) by the Village Engineer.
Areas outside the structure's footprint may be disturbed (to the minimum extent practicable) as determined by on-site inspections with the Building Inspector for the storage of excavated material, site drainage and septic systems, wells, underground water, electricity, cable, telephone lines and erosion mitigation devices. Disturbed areas should be returned to a natural state as soon as practical.
Development of slopes of less than 25% requires development proposals indicating the load-bearing capacity of the slope soils. Development of the slope shall be permitted only if the slope can be stabilized with a minimum of on-site disturbance and with no adverse impacts upon the stability of neighboring properties. Removal of natural vegetation on such slopes shall be strictly limited so as to prevent destabilization of the slope. Disturbed areas should be returned to a natural state as soon as practical.
Driveways may be developed with slopes up to a maximum of plus or minus 16%, except that portion of the driveway within the right-of-way shall not exceed plus or minus 6%. Any and all transitions from the plus or minus 6% shall be outside the right-of-way limits. Any driveway proposal that will produce erosion must be approved by the Village Engineer as to erosion mitigation devices (such as added Belgium block curbing, catch basins and gratings, switchbacks and/or direction of driveway, minimum base of four inches plus of crushed concrete or 3/4 inch shoulder stone blend, and finished surface materials such as concrete, blacktop or gravel).
The provisions of this chapter shall serve as guidelines for the Planning Board in its evaluation of proposals for the subdivision of land and to the Board of Architectural Review in its examination of site plans and of other proposals which are within its scope of consideration and approval. No approval may be granted by either agency which does not conform to the provisions of this chapter.
Any proposed development or redevelopment of any land must be done, with respect to stormwater runoff and overflows, in a manner which conforms to the rules and regulations relating to drainage adopted by the Planning Board and the Board of Architectural Review.
The Village Engineer shall examine all drainage plans proposed for the development or redevelopment of land for conformity with the regulations, shall inspect the site during construction activities to ensure adherence to the regulations, the permit issued and the provisions of this chapter and shall give final approval to the drainage control measures before a certificate of occupancy may be issued.
Rectification of any condition which produces direct discharge of stormwater runoff to surface waters, marshes or wetlands from any land is required following notice from the Village Engineer to the responsible party of the condition. Rectification must be accomplished within a reasonable period of time, not in any case to exceed eight calendar months from the time of notice. Failure to provide adequate measures for runoff control by the end of the eight-month period may be penalized by the imposition of a fine of $1,000 per day. In addition, the responsible party shall rectify the condition and post a bond in the amount of 1 1/2 times the cost of rectification as determined by the Village Engineer.