[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.
A.
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.
B.
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.
C.
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.
A.
Site designs shall minimize impermeable paving.
B.
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.
C.
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]
A.
Conservation; erosion mitigation devices; other slope disturbance.
(1)
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.
(2)
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.
(3)
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.
B.
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.
C.
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).
A.
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.
B.
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.
C.
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.
D.
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.
