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 flooding and quantities
of waterborne pollutants, including siltation of aquatic habitat 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 municipality;
G. Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
and sediment and erosion control 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
nonpoint 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 chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in §
134-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of the current
SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems (MS4s), as amended or revised;
[Amended 5-22-2012 by L.L. No. 3-2012]
B. Require land development activities to conform to the substantive
requirements of the current NYS Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities, as amended or revised;
[Amended 5-22-2012 by L.L. No. 3-2012]
C. Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, turbidity, 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 and following development to the maximum
extent practicable; and
F. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
designed, maintained and eliminate threats to public safety.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Village Board of the Village of
Solvay has the authority to enact local laws and amend local laws
for the purpose of promoting the health, safety or general welfare
of the Village of Solvay and for the protection and enhancement of
its physical environment. The Village Board of the Village of Solvay
may include in any such local law provisions for the appointment of
any municipal officer, employees, or independent contractor to effectuate,
administer and enforce such local law.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meaning as set forth in this section.
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
A property owner or agent of a property 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.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DEPARTMENT
The New York State Department of Environmental Conservation
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices
(a sample of which is attached hereto as Schedule A).
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL
A measure that prevents sediment from being transported from
a site.
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 COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System 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.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
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."
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.
LANDOWNER
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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
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.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
POLLUTANT OF CONCERN
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.
QUALIFIED PROFESSIONAL
A person that is knowledgeable in the principles and practices
of stormwater management and treatment, such as a licensed professional
engineer, registered landscape architect or other Department-endorsed
individual(s). Individuals preparing SWPPPs that require the post-construction
stormwater management practice component must have an understanding
of the principles of hydrology, water quality management practice
design, water quantity control design, and, in many cases, the principles
of hydraulics in order to prepare a SWPPP that conforms to the Department's
technical standard. All components of the SWPPP that involve the practice
or engineering, as defined by the NYS Education Law (see Article 145),
shall be prepared by, or under the direct supervision of, a professional
engineer licensed to practice in the State of New York.
[Added 5-22-2012 by L.L. No. 3-2012]
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special-concern species.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES
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.
[Amended 5-22-2012 by L.L. No. 3-2012]
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
The first land disturbing activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and sidewalks; excavation for basements, footings,
peers or foundations; erection of temporary forms; and installation
of accessory buildings.
STOP WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
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.
STORMWATER MANAGEMENT
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.
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
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
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 nonpoint source pollution
inputs to stormwater runoff and water bodies.
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.
TRAINED CONTRACTOR
An employee from the contracting (construction) company that
has received four hours of Department-endorsed training in proper
erosion and sediment control practices from a Soil and Water Conservation
District or other Department-endorsed entity. After receiving the
initial training, the trained contractor shall receive four hours
of training every three years.
[Added 5-22-2012 by L.L. No. 3-2012]
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Amended 5-22-2012 by L.L. No. 3-2012]
A. This chapter
shall be applicable to all land development activities as defined
in this chapter.
B. The municipality
shall designate a Stormwater Management Officer who shall accept and
review all stormwater pollution prevention plans and forward such
plans to the applicable municipal board. The Stormwater Management
Officer may:
(2) Upon
approval by the Village Board of the Village of Solvay, 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 said governing board; or
(3) Accept
the certification of a qualified professional that the plans conform
to the requirements of this law.
C. An owner
or operator of a land development activity that is subject to the
requirements of this chapter must first develop of SWPPP in accordance
with all applicable requirements of this chapter and then have its
SWPPP reviewed and accepted by the Stormwater Management Officer prior
to submitting the Notice of Intent (NOI) to the Department. The owner
or operator shall have the "MS4 SWPPP Acceptance" form signed by the
Stormwater Management Officer and then submit that form along with
the NOI to the address referenced under "Notice of Intent (NOI) Submittal"
in the applicable SPDES permit.
D. All land
development activities subject to review and approval by the applicable
board of the Village of Solvay under subdivision, site plan, and/or
special permit regulations shall be reviewed subject to the standards
contained in this chapter.
E. All land development activities not subject to review as stated in Subsection
C above shall be required to submit a Stormwater Pollution Prevention Plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this chapter.
The following activities may be exempt from review under this
chapter:
A. Agricultural activity as defined in this chapter.
B. Silvicultural activity except that landing areas and log haul roads
are subject to this chapter.
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.
E. Any part of a subdivision if a plat for the subdivision has been
approved by the Village of Solvay on or before the effective date
of this chapter.
F. Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
H. Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I. Emergency activity immediately necessary to protect life, property
or natural resources.
J. 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.
K. Landscaping and horticultural activities in connection with an existing
structure.