The terms used in this Part
1 or in documents prepared or reviewed under this Part
1 shall have the meaning as set forth in this section.
Not less than five acres of land used as a single operation in the preceding two years for the production for sale of crops, livestock, or livestock products or the construction of new structures associated with agricultural activities.
APPLICANTA property owner or agent of a property owner who has filed an application for a land development activity.
BUILDINGAny 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.
CHANNELA natural or artificial watercourse with a definite bed and banks that conducts continuously or substantially recurring flowing water.
CLEARINGAny activity that removes the vegetative surface cover, changes original grade of the site and/or its hydraulic capacity. The cutting of trees or brush hogging, with no stump removal, does not constitute "clearing."
DEDICATIONThe deliberate appropriation of property by its owner for general public use.
DESIGN MANUALThe 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).
DEVELOPERA person who undertakes a land development activity.
EROSION CONTROLA measure that prevents sediment from being transported from a site.
EROSION CONTROL MANUALThe most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
GRADINGExcavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVERImpermeable surfaces such as pavement or roof tops which prevents the percolation of water into the soil.
INDUSTRIAL STORMWATER PERMITA 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.
INFILTRATIONThe process of percolating stormwater into the porous soils.
JURISDICTIONAL WETLANDAn 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," which is subject to applicable state or federal regulations.
LAND DEVELOPMENT ACTIVITYConstruction activity to make a site or area available for use by physical alterations. This includes but is not limited to 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.
LANDOWNERThe 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 AGREEMENTA legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTIONPollution 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.
PHASINGClearing of a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the disturbance of the next.
POLLUTANT OF CONCERNSediment 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 PROFESSIONALA 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 postconstruction 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 8-6-2012 by L.L. No. 4-2012]
The replenishment of underground water reserves.
SENSITIVE AREASA specific geographic area designated by a federal, state or local agency having exceptional or unique characteristics that make the area environmentally important.
SILVICULTUREAn ongoing practice involving the dedicated and cyclic use of land expressly for the periodic production of timber. The mere harvesting of timber does not constitute silviculture. For example, clear-cutting and the harvesting of timber as a one-time, nonrecurring practice is not considered an exempt silvicultural activity. The cutting of trees or brush hogging, with no stump removal, does not constitute a land disturbance.
STABILIZATIONThe use of practices that prevent exposed soil from eroding.
STOP-WORK ORDERAn order issued which requires that all construction activity on a site be stopped.
STORMWATERWater from rain or melting snow that drains off land caring litter, soil, bacteria and other pollutants.
STORMWATER HOTSPOTA 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 MANAGEMENTThe 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 FACILITYOne or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICERAn 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 YORKLakes, 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 CONTRACTORAn 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 8-6-2012 by L.L. No. 4-2012]
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAYA channel that directs surface runoff to a watercourse or to the public storm drain.