[HISTORY: Adopted by the Board of Trustees of the Village of Huntington Bay 12-21-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
This chapter shall be known as the "Incorporated Village at Huntington Bay Stormwater Runoff Law."
Stormwater runoff and combined overflows which drain into Huntington Bay and Huntington 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 under the Waterfront Revitalization of Coastal Areas and Inland Waterways Act 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 Huntington Bay and Huntington Harbor.
Editor's Note: See Article 42 of the Executive Law of the State of New York.
Stormwater storage for a six-inch rainfall shall be required for all impervious surfaces except as otherwise authorized herein. The reviewing board, with recommendations from the Village Engineer and, as appropriate, the Village Building Inspector, may consider alternatives to the drainage requirements contained herein. Consideration of alternatives may be warranted and therefore recommended in the event that the drainage requirements exceed those necessary on a particular site due to excellent drainage conditions, or installation of the drainage requirements would be impractical (e.g., grossly disproportionate to the associated improvements) or would create significant adverse impacts due to unique site conditions. The above situations must be established by competent engineering analysis.
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 human-made alteration of natural stormwater runoff.
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 and increase storage time. The storage capacity and size of drainage facilities shall be subject to the review and approval of the Village Engineer.
Any water discharged from control systems shall be of acceptable quality before it is permitted to enter wetlands or surface waters. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly.
All projects, regardless of the area of groundwater and grading, shall be designed, to the extent feasible, to maximize the retention and/or creation of a natural vegetative buffer zone along any water bodies, including wetlands or marshes, which shall confine visible siltation to the 25% of the buffer zone nearest to any land-disturbing activity. If necessary, other forms of erosion control measures will be included.
Site designs shall minimize impermeable paving.
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.
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, including as a method of filtering and slowing stormwater runoff from road surfaces.
[Amended 1-5-2012 by L.L. No. 7-2012]
The provisions of this chapter shall serve as guidelines for the Board of Trustees in its evaluation of proposals for site plan approval, steep slope special permits, and the subdivision of land, and to the Zoning Board of Appeals 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 board which does not conform to the provisions of this chapter.
Any proposed development or redevelopment of any land must be done, with respect to stormwater runoff and overflows, in a manner which conforms to this chapter as well as any other rules and regulations, including best management practices, relating to drainage adopted by the Board of Trustees and the Zoning Board of Appeals.
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.
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 Building Inspector 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. Each day of violation shall be deemed a new violation and shall be treated accordingly. 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 Building Inspector.
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this chapter or the remainder thereof had such invalid application or invalid provision been apparent.
This chapter shall take effect immediately upon its filing in the Office of the Secretary of State.