Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
ADVERSE IMPACTS
Any modifications, alterations or effects on a feature or
characteristic of public waters, wetlands or adjacent lands, including
their quality, quantity, hydrology, surface area, species composition,
living resources, aesthetics or usefulness for human or natural uses
which are or may potentially be harmful or injurious to human health,
welfare, safety or property, to biological productivity, diversity
or stability or which unreasonably interfere with the enjoyment of
life or property, including outdoor recreation.
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
An owner or agent of an owner who has filed an application
for a land development activity.
BUILDING
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.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, which serves as the
official guide for stormwater management principles, methods and practices.
DEVELOPER
Any person who engages in development either as the owner
or the agent of the owner.
DEVELOPMENT or DEVELOPMENT ACTIVITY
(1)
Construction, installation, alteration, demolition or removal
of a structure, impervious surface or drainage system;
(2)
Clearing, scraping, grubbing or otherwise removing or killing
the vegetation of a site; or
(3)
Adding, removing, exposing, excavating, leveling, grading, digging,
burrowing, dumping, piling, dredging or otherwise disturbing the soil,
mud, sand or rock on a site which could otherwise cause deleterious
conditions as noted hereinabove.
DRAINAGE SYSTEM
The system through which water flows from the land, including
watercourses, water bodies, groundwater and wetlands.
EROSION AND SEDIMENT CONTROL PLAN
A set of plans prepared by a licensed/certified professional
indicating the specific measures and sequencing to be used to control
sediment and erosion on a development site during construction.
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications
for Erosion and sediment Control" manual, commonly known as the "Blue
Book."
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
IMPERVIOUS SURFACE
A surface which has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water,
including, but not limited to, semi-impervious areas such as compacted
clay, conventionally surfaced streets, roofs, sidewalks, parking lots
and other similar structures.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT 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 development activities may take place at different times on different
schedules.
MAINTENANCE AGREEMENT
A legally recorded document that provides for long-term maintenance
of stormwater management practices amongst one or more lot owners.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
NYSDEC
The New York State Department of Environmental Conservation.
OWNER
The person in whom is vested either a) the fee ownership,
dominion or title of property; b) possession of property; or c) the
responsibility to maintain property. This term may also include a
tenant, if chargeable under his lease for the maintenance of the property,
and any agent of the owner or tenant, including a developer.
PERSON
Any and all persons, natural or artificial, and includes
any individual, firm, corporation, government agency, business trust,
partnership, association, two or more persons having a joint or common
interest or any other legal entity.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
RECEIVING BODY OF WATER
Any water body, watercourse or wetland into which surface
waters flow either naturally, in man-made ditches or in closed conduit
systems.
REGULATED WETLAND
Any area meeting the requirements of the "Federal Manual
for Identifying and Delineating Jurisdictional Wetlands" (latest edition),
and/or any area mapped or delineated or otherwise designated by the
NYSDEC as being a state-protected wetland. NYSDEC-regulated wetlands
shall include the NYSDEC-regulated adjacent area.
SEDIMENT
The fine particulate material, whether mineral or organic,
that is in suspension or has settled in a water body.
SITE
Any tract, lot or parcel of land, or combination thereof,
which is under single ownership or is contiguous and in diverse ownership
where development is to be performed as part of a unit, subdivision
or project.
SPDES
The State Pollution Discharge Elimination System program,
as codified in Article 17 of the New York Environmental Conservation
Law, and the regulations and permits issued thereunder.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES
An SPDES general permit issued by the NYSDEC which regulates
disturbances of land resulting from construction activities. Any reference
to the general permit is to the version in effect at the time of the
review and approval of the SWPPP.
SPDES GENERAL PERMIT FOR MS4s
An SPDES general permit issued by the NYSDEC that requires
municipalities to regulate discharges from municipal separate storm
sewers. Any reference to the general permit is to the version in effect
at the time of the review and approval of the SWPPP.
STABILIZATION
The use of practices to prevent exposed soil from eroding.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to
review and approve stormwater pollution prevention plans and to inspect
sites subject to this chapter and to enforce its requirements. Plan
reviews and site inspections may be delegated to a consulting engineer
or a consultant. If the project is referred by the Town to a consulting
engineer or consultant, the applicant shall deposit funds into an
escrow account to defray the review costs. The amount of the deposit
shall be determined by the Planning Board upon advice of the Board's
consultants.
STORMWATER MANAGEMENT PRACTICES
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or monopoint source pollution
inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A set of plans prepared by or under the direction of a licensed/certified
professional indicating the specific measures and sequencing to be
used to control stormwater on a development site during and after
construction.
STORMWATER RUNOFF
Stormwater flow on the surface of the ground resulting from
rainwater, surface runoff, snowmelt and drainage.
STRUCTURE
That which is built or constructed, an edifice or building
or any piece of work artificially built or composed of parts joined
together in some definite manner, but shall not include fences or
signs.
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.
WATER BODY
Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERSHED
A drainage area or basin contributing to the flow of water
in a receiving body of water.
WATERS or PUBLIC WATERS
Any and all water on or beneath the surface of the ground.
It includes the water in any watercourse, water body or drainage system.
It also includes diffused surface water and water standing, percolating
or flowing beneath the surface of the ground.