Due to its location, the Village of Mamaroneck is faced with
great challenges relative to the management of stormwater and the
prevention of flooding and there is a pressing need for additional
and innovative stormwater management. It has been determined by the
New York State Department of Environmental Conservation that uncontrolled
drainage and runoff associated with land development has a significant
impact upon the health, safety and welfare of the community, specifically
that:
A. Improperly managed stormwater can increase the incidence of flooding
and the levels of floods which occur, endangering property and human
life;
B. 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;
C. This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
D. Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
E. Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
F. Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
G. Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
H. Stormwater runoff, soil erosion and non-point source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
I. 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;
J. 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;
K. The Village of Mamaroneck, as the community at the bottom of the
watershed, is faced with additional challenges relative to the management
of stormwater runoff in that the floodway and overall floodplain receives
significant contributions from the upstream communities. For this
reason, certain unique approaches to the management of stormwater,
especially within the one-hundred-year floodplain, as well as carefully
regulated management practices outside of the floodplain, need to
be implemented.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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 §
294-1 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 State Pollution
Discharge Elimination System (SPDES) General Permit for Stormwater
Discharges from Municipal Separate Stormwater Sewer Systems (MS4s),
Permit No. GP-0-10-002, or as amended or revised;
B. Require all land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-0-10-001, or 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. Require calculation for stormwater detention and retention on existing
properties with proposed improvements/modifications by a licensed
engineer to upgrade the stormwater management practices on these properties,
by requiring property owners to upgrade stormwater management systems
in accordance with the requirements of this chapter and subject to
the approval of the Stormwater Management Officer (SMO), in connection
with the construction of an addition to an existing structure or other
land-disturbing activity so that stormwater management practices for
the entire site (including retention, detention, runoff and discharge
into a public storm drain) are in full compliance with this chapter;
E. Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
F. Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable;
G. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint-source
pollution from land development or land-disturbing activities, and
ensure that these management practices are properly maintained and
eliminate threats to public safety wherever possible, through stormwater
management practices;
H. Control erosion and sedimentation from land development or land-disturbing
activities so as to prevent it from being deposited in streams, brooks,
rivers, watercourses and other receiving water bodies;
I. Facilitate the removal of pollutants in stormwater runoff so as to
perpetuate the natural biological and recreational functions of streams,
rivers, water bodies and wetlands;
J. Regulate discharge of pollutants to the MS4 and promote public awareness
of the hazards of the improper discharge of pollutants into the MS4.
In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the Board of Trustees of the Village of
Mamaroneck has the authority to enact and amend local laws for the
purpose of promoting the health, safety or general welfare of the
Village of Mamaroneck and for the protection and enhancement of its
physical environment. The Board of Trustees of the Village of Mamaroneck
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.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The following activities may be exempt from review under this
chapter:
A. Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
B. Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
D. Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
E. Emergency activity immediately necessary to protect life, property
or natural resources as determined by the SMO.
F. 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.
G. Landscaping and horticultural activities in connection with an existing
structure.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meanings as set forth in this section.
Certain definitions set forth herein are taken from the Design Manual
and/or Erosion Control Manual and are technical in nature and intended
for use by engineers and other professionals who are engaged in the
design of stormwater facilities.
ADDITION
Any work on an existing structure that changes the external
dimensions of such structure.
ADJOINING PROPERTY
Any property facing a work site across any right-of-way,
street or highway shall be deemed adjoining property, as well as any
property contiguous on any side.
ALTER HYDROLOGY FROM PRE- TO POSTDEVELOPMENT CONDITIONS
The postdevelopment peak flow rate(s) has increased by more
than 5% of the predeveloped condition for the design storm of interest
(e.g., 25 years and 100 years).
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
ALTERNATIVE SIZING CRITERIA
The sizing criteria that can be achieved in redevelopment projects through a variety of approaches as outlined in Chapter
9 of the New York State Stormwater Management Design Manual.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
ALTERNATIVE STORMWATER PRACTICES
Stormwater management practices that are outlined in this
chapter for potential application in redevelopment scenarios and are
designed and implemented in accordance with the recommendations in
this chapter.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
BEST MANAGEMENT PRACTICES (BMPs)
Schedule of activities, prohibitions, general housekeeping
practices, pollution prevention and educational practices, maintenance
procedures and other practices to prevent or reduce the discharge
of other pollutants directly or indirectly to stormwater, receiving
waters or stormwater conveyance systems; procedures and methods pertaining
to construction activities which are intended to minimize water pollution,
retain valuable topsoil and prevent erosion and sedimentation and
include, but are not limited to, those practices contained in the
most recent versions of the New York State Stormwater Management Design
Manual and the New York Standards and Specifications for Erosion and
Sediment Control. BMPs are to be complied with on all plans submitted
with an application for a stormwater management and erosion and sediment
control permit regardless of the size of the land disturbance.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
BEST MANAGEMENT PRACTICES MANUALS
The most recent editions of a series of manuals published
by the State of New York, consisting of various volumes on best management
practices for certain described activities and, specifically, the
publications titled "New York State Stormwater Management Design Manual"
dated August 2010 as may be amended or revised (the "Design Manual"),
and the "New York Standards and Specifications for Erosion and Sediment
Control" dated August 2005, or as may be amended or revised (the "Erosion
Control Manual").
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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.
CLEAN WATER ACT
The Clean Water Act of 1977 (33 U.S.C. § 1251 et
seq.), and any subsequent amendments thereto.
CLEARING
Any activity that removes the vegetative surface cover.
CONNECTION PERMIT
An authorization for the connection as well as the discharge
permitted under this chapter, as well as a discharge permitted under
an SPDES permit, waiver, or waste discharge order issued by the NYSDEC.
This permit is subject to special terms and conditions set by the
Village or its designated consultant. This permit expires on or before
the expiration of the NYSDEC SPDES permit, waiver or order or upon
changes of ownership or use of the property.
CONSTRUCTION ACTIVITY
Includes activities subject to NYSDEC permits and SPDES permits
or activities covered by erosion and sediment control and pollution
prevention laws. These activities include construction projects resulting
in land disturbance of one acre or more. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
DEPARTMENT
The New York State Department of Environmental Conservation
(NYSDEC).
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
DESIGN MANUAL
The New York State Department of Environmental Conservation
(NYSDEC) Stormwater Management Design Manual, most recent version
including applicable updates, that serves as the official guide for
stormwater management principles, methods and practices.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
DETENTION
A practice to store stormwater runoff by collection as a
temporary pool of water and provide for its gradual (attenuated) release;
a practice which is used to control peak discharge rates and which
provides gravity settling of pollutants.
DEVELOPER
A person who undertakes land development activities.
DEVELOPMENT
To make a site or area available for use by physical alteration.
Development includes but is not limited to providing access to a site,
the clearing of vegetation, grading, earth moving, providing utilities
and other services such as parking facilities, stormwater management
and erosion control systems, altering landforms or construction of
a structure on the land.
DISCHARGER
Any person or entity, permitted by law or not, that is releasing,
emptying, conveying or unloading fluids and materials, including but
not limited to hazardous materials and illicit discharges, as defined
by this chapter, into the municipal storm sewer system.
EMERGENCY RESPONSE AGENCY
Any governmental agencies, including but not limited to the
New York State Department of Environmental Conservation, the Westchester
County Department of Health and the Village of Mamaroneck Police and
Fire and other appropriate Village departments.
EROSION
The removal of soil particles by the action of water, wind,
ice or other meteorological or geological agents.
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."
EXISTING GRADE
The vertical location of the existing ground surface prior
to excavation or filling.
FINAL GRADE
The vertical location of the ground or pavement surface after
the grading work is completed in accordance with the site development
plan.
FLOODPLAIN
For a given flood event, that area of land temporarily covered
by water which adjoins a watercourse. Land within the floodplain is
property within the one-hundred-year flood boundary as shown on Flood
Insurance Rate Map (FIRM) dated September 28, 2007, for the Village
of Mamaroneck, as issued by the Federal Emergency Management Agency
(FEMA), as amended from time to time.
FOREBAY
An extra storage area or treatment area, such as a sediment
pond or created wetland, near an inlet of a stormwater management
facility to trap incoming sediments or take up nutrients before they
reach a retention or extended detention pond.
GRADING
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
GRAVEL
Poorly/open graded angular crushed stone used for stormwater
storage and/or infiltration practices, including: A) aggregate consisting
of mixed sizes of one-fourth-inch to three-inch particles which normally
occur in or near old streambeds and have been worn smooth by the action
of water; and B) a soil having particle sizes, according to the Unified
Soil Classification System, ranging from the No. 4 sieve size angular
in shape as produced by mechanical crushing. NYSDOT road subbase material
shall be considered impervious. The Village Engineer shall provide
technical guidance related to hydrologic modeling (e.g., curve numbers)
for gravel surfaces, trenches, beds, reservoirs, etc. This includes
subsurface gravel installed beneath pervious pavers, porous pavement
and other similar green infrastructure and standard stormwater management
practices.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
GREEN INFRASTRUCTURE
In the context of stormwater management, the term "green
infrastructure" includes a wide array of practices at multiple scales
to manage and treat stormwater, maintain and restore natural hydrology
and ecological function by infiltration, evapotranspiration, capture
and reuse of stormwater, and establishment of natural vegetative features.
On a regional scale, green infrastructure is the preservation and
restoration of natural landscape features, such as forests, floodplains
and wetlands, coupled with policies such as infill and redevelopment
that reduce overall imperviousness in a watershed or ecoregion. On
the local scale green infrastructure consists of site- and neighborhood-specific
practices and runoff reduction techniques. Such practices essentially
result in runoff reduction and/or establishment of habitat areas with
significant utilization of soils, vegetation, and engineered media
rather than traditional hardscape collection, conveyance and storage
structures. Some examples include green roofs, trees and tree boxes,
pervious pavement, rain gardens, vegetated swales, planters, reforestation,
and protection and enhancement of riparian buffers and floodplains.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of or otherwise managed.
ILLICIT CONNECTION
An illicit connection is defined as any of the following:
A.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the storm sewer system,
including, but not limited to, any conveyances which allow any nonstormwater
discharge, including treated or untreated sewage, process wastewater
and wash water, to enter the storm sewer system;
B.
Any connections to the storm sewer system from indoor drains
and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by an authorized enforcement
agency;
C.
Any drain or conveyance connected from a commercial or industrial
land use to the storm sewer system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
ILLICIT DISCHARGE
Any discharge through an unauthorized connection, including
a direct or indirect nonstormwater discharge to the storm sewer system,
except as exempted in this chapter.
IMPERMEABLE SURFACE
Those surfaces in the urban landscape that cannot effectively
infiltrate rainfall consisting of building rooftops, pavement, sidewalks,
driveways. Steep slopes and compact soils are not typically included
as impervious cover. This definition includes well/close graded material
meeting the specifications for New York State Department of Transportation
(NYSDOT) road subbase material (formerly known as "Item 4"). NYSDOT
road subbase material shall be considered impervious. Decks constructed
above the ground surface that allow one-hundred-percent pass-through
of stormwater to the ground surface below said decks shall be considered
to be permeable.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
IMPERVIOUS
Surfaces such as, but not limited to, pavement, walks, patios,
terraces, decks, rooftops, gravel surfaces, NYSDOT road subbase material
(formerly known as "Item 4") and other well/close graded material,
tennis courts and swimming pools, which prevent or inhibit the percolation
of water into the soil.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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
A practice designed to promote the recharge of groundwater
by containment and concentration of stormwater into porous soils.
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
Any construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that could potentially result
in soil erosion and/or any change in movement of stormwater on the
site.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
LAND-DISTURBING ACTIVITY
Any change to land which may result in soil erosion from
water or wind and the movement of soil into water or onto lands, alteration
of a drainage system, or increased runoff of waters, including, but
not limited to, clearing, grading, excavating, transporting and filling
of land.
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.
MUNICIPAL PERMIT
Any permit or license issued by the Village of Mamaroneck,
including, but not limited to, building, grading, demolition, clearing,
topsoil removal, excavation, tree removal, and special use permits,
and subdivision and site plan approval.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances and retention and infiltration
facilities (including roads with drainage systems, curbs and gutters
on municipal streets, manholes, catch basins, ditches, man-made channels,
storm drains, stormwater basins, drainage reserve areas, dry wells
and/or any other component of a stormwater system) that is owned and/or
operated by the Village or another municipal entity, designed and/or
used for collecting, conveying, storing, infiltrating, or managing
stormwater, which is not a combined sewer and which is not part of
a publicly owned treatment works as defined at 40 CFR 122.2.
NEW DEVELOPMENT
Any construction or disturbance of a parcel of land that
is currently undisturbed or unaltered by human activities and in a
natural state.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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.
OUTFALL
The terminus of a storm drain where the contents are released.
OUTFLOW CONTROL STRUCTURE
A permanent structure placed at the discharge point of a
stormwater conveyance system designed to control discharge of stormwater
from the system.
PEAK DISCHARGE RATE
The maximum instantaneous rate of flow during a storm, usually
in reference to a specific design storm event.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
PEAK FLOW
The maximum rate of flow of water at a given point and time
resulting from a storm event.
PEAK FLOW ATTENUATION
The reduction of the peak discharge of stormwater runoff
by detention and gradual release of that storage.
PERSON
Any corporation, partnership, association, trust, estate,
or any other entity recognized by law and acting as either the owner
or the owner's agent, including state and local governments and agencies,
authorities, or other political subdivisions thereof, and one or more
individuals.
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
Anything that causes or contributes to pollution. Pollutants
that may cause or might reasonably be expected to cause pollution
of the waters within New York State may include, but are not limited
to, dredged soil, filter backwash, solid waste, incinerator residue,
treated or untreated sewage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, hazardous materials,
heat, wrecked or discarded equipment, rock, sand, industrial and agricultural
waste, ballast discharged into water, paints, varnishes and solvents,
oil and other automotive fluids, nonhazardous liquid, yard waste,
refuse, rubbish, garbage, litter, or other discarded or abandoned
objects and accumulations so that same may cause or contribute to
pollution, floatables, pesticides, herbicides, particulate metals,
animal waste, waste and residue resulting from constructing a building
or structure and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking areas
wholly within the property boundaries of a particular site.
PRIMARY STRUCTURE(S)
All structures on a premises used for the primary use of
said premises, including all garages, workshops, basements, pools,
cabanas, but excluding sheds used exclusively for incidental storage.
PROJECT
Any land development activity and/or other construction associated
with such land development
RECHARGE
The replenishment of underground water reserves through infiltration.
REDEVELOPMENT
Reconstruction or modification to any existing, previously
developed land such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. Redevelopment is
distinguished from development or new development in that new development
refers to construction on land where there had not been previous construction.
Redevelopment specifically applies to constructed areas with impervious
surface.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
REDEVELOPMENT PROJECT
A project that undergoes redevelopment. The project area
can be entirely under redevelopment or the project area can be a combination
of redevelopment and new development.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
RETENTION
A practice designed to store stormwater runoff by collection
as a permanent pool or tank of water without release except by means
of evaporation, infiltration, or attenuated release when runoff volume
exceeds the permanent storage capacity of the permanent pool or tank.
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 GP 0-10-001
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 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STANDARD PRACTICE
A standard stormwater management practice that appears in Chapter
3 of the New York State Department of Environmental Conservation Stormwater Management Design Manual, sized in accordance with Chapter 4 or 10, and designed in accordance with Chapter
6 or 10 of the Design Manual.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
START OF CONSTRUCTION
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of utilities, streets and walkways; excavation for basements,
footings, piers, or foundations; erection of temporary forms; and
the installation of temporary or accessory buildings such as construction
sheds or trailers and garages.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORM, FIVE-HUNDRED YEAR (QP 500)
A flood event which statistically has a 0.2% chance of being
equaled or exceeded in any given year.
[Added 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
STORM, ONE-HUNDRED YEAR (QP 100)
A flood event which statistically has a 1% chance of being
equaled or exceeded in any given year.
[Added 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
STORMWATER
Any surface flow, runoff, and/or subsurface drainage consisting
entirely of water from any form of natural precipitation and resulting
from such precipitation.
STORMWATER APPURTENANCES
Structures such as dry wells, catch basins, piping, storm
drains and detention/retention basins designed to control and manage
the flow of stormwater.
STORMWATER CONVEYANCE SYSTEM (DRAINAGE SYSTEM)
Publicly owned facilities on public land or privately owned
facilities on private land by which stormwater is collected and/or
conveyed, including, but not limited to, any roads with drainage systems,
municipal streets, gutters, curbs, inlets, piped storm drains, pumping
facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other stormwater appurtenances
to control and manage the flow of stormwater.
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, EROSION, SEDIMENT AND POLLUTION CONTROL
PLAN
A plan prepared or certified by a New York State licensed
engineer. These plans shall indicate the specific measures and sequencing
to be used in controlling erosion, sediment and pollution on a development
site during and after construction, showing the proposed use of the
site and showing the methods, techniques and improvements that will
be employed to control erosion, sedimentation and pollution, which
shall employ best management practices.
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 (SMO)
The Village Engineer of the Village of Mamaroneck, and/or
his designated agent(s) or other individual designated by the Village
Manager, who will review stormwater pollution prevention plans, forward
the plans to the applicable municipal board when necessary and inspect
stormwater management practices.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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.
SUBSTANTIAL IMPROVEMENT
Any project or series of projects taken cumulatively for
the preceding ten-year period whose cost equals or exceeds 50% of
the value of the primary structure(s) on said property at the beginning
of the first such project as represented in the Village of Mamaroneck
Assessment rolls and/or any such project(s) within the same ten-year
period which results in 50% or more of the gross floor area of the
primary structure(s) on said property being changed and/or renovated.
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.
TOTAL RECONSTRUCTION
Any project or series of projects taken cumulatively for
the preceding ten-year period whose cost equals or exceeds 50% of
the value of the primary structure(s) on said property at the beginning
of the first such project as represented in the Village of Mamaroneck
Assessment rolls and/or any such project(s) within the same ten-year
period which results in 50% or more of the gross floor area of the
primary structure(s) on said property being changed and/or renovated.
TWENTY-FIVE-YEAR STORM (QP 25)
A flood event which statistically has a four-percent chance
of being equaled or exceeded in any given year.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
VILLAGE ENGINEER
The Village Engineer or consulting engineer appointed by
the Board of Trustees to function as the Village Engineer.
WATERCOURSE
Any natural or artificial, intermittent, seasonal or permanent
and public or private water body or watercourse. A water body is intermittently,
seasonally or permanently inundated with water and contains a discernible
shoreline and includes ponds and lakes. A watercourse includes rivulets,
brooks, creeks, streams, rivers and other waterways flowing in a definite
channel with a bed and banks and usually in a particular direction.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
No person shall commence or carry out any activity subject to
the provisions of this chapter on any lot in the Village of Mamaroneck
without first obtaining a stormwater management and erosion and sediment
control permit from the SMO and complying with the requirements of
this chapter.
[Added 6-14-2010 by L.L. No. 16-2010, effective 7-1-2010; amended 9-26-2023 by L.L. No. 16-2023, effective 10-2-2023]
Applicants undertaking land development activities regulated
by this chapter must pay the stormwater pollution prevention plan
application fee established by Appendix A347 (Fees) of this Code and
the reasonable costs at prevailing rates for review of SWPPPs, inspections,
or SMP maintenance performed by the Village of Mamaroneck or performed
by a third party for the Village of Mamaroneck.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such adjudication shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such adjudication shall have been rendered.