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 residents of the Village of Lindenhurst and to address the findings of fact in §
160-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A. Establish minimum stormwater and erosion and sediment control requirements
in order to protect and safeguard the general health, safety, and
welfare of the public and businesses located within the Town of Babylon
by implementation of a stormwater management program (SWMP) that meets
or exceeds the following six minimum control measures:
(1) Public education and outreach on stormwater impacts;
(2) Public involvement/participation;
(3) Illicit discharge detection and elimination;
(4) Construction site stormwater runoff control;
(5) Postconstruction stormwater management;
(6) Pollution prevention/good housekeeping for municipal operations consistent
with the New York State Department of Environmental Conservation SPDES
General Permit for Stormwater Discharges From Municipal Separate Stormwater
Sewer Systems (MS4s) GP-02-02, issued pursuant to Article 17, Titles
7 and 8, and Article 70 of the New York State Environmental Conservation
Law (ECL) and the federal Clean Water Act (CWA) regulations for small
municipal separate storm sewer systems (MS4s), or as amended or revised;
B. Require 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-02-01, 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 streambank 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
maintained and eliminate threats to public safety.
The terms used in this chapter or in documents prepared or reviewed
pursuant to this chapter shall have the meanings as set forth in this
section.
ACCESSORY BUILDING
A building or a detached private garage subordinate to the
main building on a lot, used for purposes customarily incidental to
those of the main building, not used for habitation and which does
not exceed the size of the main building. This shall not include trailers,
mobile homes or like structures, with or without wheels.
ACCESSORY STRUCTURE
A structure subordinate to the buildings on a lot, used for
purposes customarily incidental to those of the buildings, having
no foundation or permanent attachment to the land other than a simple
slab, not used for habitation, swimming pool enclosures or garage
purposes and which does not exceed the size of the main building.
This shall not include trailers, mobile homes or like structures,
with or without wheels.
ACRE
Forty-three thousand five hundred sixty square feet of land
area.
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
A combination of any materials, whether portable or fixed,
having a roof to form a structure affording shelter for persons, animals
or property. The word "building" shall be construed, when used herein,
as though followed by the words "or part or parts thereof,”
unless the context clearly requires a different meaning. The term
"building" shall also mean "factory manufactured home" and "mobile
home."
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.
COMMERCIAL OR INDUSTRIAL AGREEMENT
An agreement signed by a landowner, applicant or builder
to implement any reasonable requirements needed as determined by the
Village of Lindenhurst necessary to prevent erosion and sediment loss
in lieu of an erosion and sediment control plan for construction on
a commercial or industrial site on less than one acre of land.
DEDICATION
The deliberate transfer of real property by its owner for
general public use.
DESIGN MANUAL
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates, that serves
as the official guide for stormwater management principles, methods
and practices.
DEVELOPER
A person who undertakes land development activities.
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
Excavating, filling and/or any movement of material at a
site, including the resulting conditions thereof.
ILLICIT DISCHARGE
Any discharge to a municipal separate storm sewer and/or
the Village of Lindenhurst stormwater drainage system that is not
entirely composed of stormwater. Illicit discharges shall include
but not be limited to those sources as identified by § 122.26(b)(2)
of the Code of Federal Regulations; sanitary wastewater; effluent
from septic tanks; commercial car wash wastewater; petroleum products;
antifreeze and radiator flush liquid; laundry wastewater; spills from
roadway accidents; and household and motor vehicle chemicals, but
does not include liquids discharged from fire-fighting activities.
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 a land disturbance.
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.
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special-concern species.
SINGLE-FAMILY AGREEMENT
An agreement signed by a landowner, applicant or builder
to implement any reasonable requirements needed, as determined by
the Village of Lindenhurst, to prevent erosion and sediment loss in
lieu of an erosion and sediment control plan for the construction
of a single-family home.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
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 DRAINAGE SYSTEM
The Village of Lindenhurst stormwater drainage system, which
accepts, captures and conveys stormwater from the Village's highway
and roadway system.
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(S)
The Building Inspector, Fire Marshal, and Deputy Administrator/Clerk
are designated by the Village of Lindenhurst as the Stormwater Management
Office to accept and conduct the primary review of stormwater pollution
prevention plans, 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.
STORMWATER MANAGEMENT PROGRAM
A stormwater management program implemented by the Town of
Babylon consistent and in no case less protective than the New York
State Department of Environmental Conservation SPDES general permits
for stormwater discharges from municipal separate stormwater sewer
systems (MS4s) and from construction activity GP-02-02 and GP-02-01,
respectively, issued pursuant to Article 17, Titles 7 and 8, and Article
70 of the New York State Environmental Conservation Law (ECL) and
the federal Clean Water Act (CWA) regulations for small municipal
separate storm sewer systems (MS4s).
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.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, that gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
The following activities are exempt from review under this chapter:
A. The construction of additions, fences, accessory buildings and structures,
sheds, sidewalks, walkways, driveways or modifications to existing
one- or two-family structures and sites, including those that may
require variances, maintenance or repair involving no substantial
changes in an existing structure or facility.
B. Routine landscape maintenance and horticultural activities such as
lawn cutting, tree trimming, the installation of piped mechanical
sprinkler or irrigation systems, the planting of trees, shrubs and
vegetation in connection with an existing site that does not cause
any major soil disturbance, or minor excavations for driveways, walks
or sidewalks that generally maintain the existing grade of the land.
C. Repairs to any stormwater management practice or facility deemed
necessary by the Village of Lindenhurst stormwater management officer(s)
or any work done under contract for the Village of Lindenhurst. Nothing
contained in this chapter with regards to land development activity
shall be applicable to the Village of Lindenhurst or any of its departments,
agencies or contractors.
D. The development of any part of a subdivision if the plat for the
subdivision has been approved by the Village of Lindenhurst Planning
Board on or before the effective date of this chapter.
E. Land development activities for which a building permit has been
approved on or before the adoption of this chapter.
G. Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles; construction of minor additions, accessory
structures or modifications to existing single-family or two-family
structures.
H. Emergency activity immediately necessary to protect life, property
or natural resources.
I. 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.
J. The installation of aboveground and below-ground fuel oil storage
tanks equal to or below a total capacity of 1,100 gallons.
K. The construction of docks and installation of poles and other similar
structures, refacing existing bulkheading, but not new bulkheading.
L. Street openings and right-of-way openings for the purpose of repair
of existing utility facilities.
M. The extension of utility distribution facilities, including gas,
electric and telephone, cable, water and sewer connections, to serve
existing approved sites or underwater lands.
All land development activities shall be subject to the following
performance and design criteria:
A. Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter.
(1) The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2) New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
(3) United States Environmental Protection Agency's best management practices
(BMPs).
B. Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
No person or entity may create or cause an illicit discharge
to flow, to infiltrate or in any manner or form to enter into the
Village of Lindenhurst storm drainage system in violation of this
chapter and/or Suffolk County Department of Health Services and/or
the New York State Department of Environmental Conservation and/or
the United States Coast Guard and/or the United States Environmental
Protection Agency regulations. Illicit discharges discovered by the
Village of Lindenhurst may constitute a violation of this chapter
and shall be referred by the Village of Lindenhurst to the appropriate
enforcement agency, such as the Town of Babylon, Department of Environmental
Conservation, Suffolk County Department of Health Services and/or
the New York State Department of Environmental Conservation and/or
the United States Coast Guard and/or the United States Environmental
Protection Agency.
The Village of Lindenhurst may require any person undertaking
land development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Village of Lindenhurst or performed by
a third party for the Village of Lindenhurst.