[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.[1] 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.
[1]
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.
A.
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.
B.
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.
C.
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.
A.
Site designs shall minimize impermeable paving.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
D.
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.
