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.
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.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts, continuously or periodically, flowing water.
DESIGN MANUAL
The 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.
EROSION
The removal of soil particles by the action of water, ice,
wind or other geological agent.
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."
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.
LAND DEVELOPMENT ACTIVITY
Activity including clearing, grading, excavating, soil disturbance
or placement of fill that results in land disturbance of equal to
or greater than 10,000 square feet, or 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.
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 SEPARATE STORMWATER SEWER SYSTEMS (MS4)
NYS DEC term for municipal and nonmunicipal systems of underground
pipes and also systems of streets and roads with drainage, catch basins,
curbs, gutters, ditches, channels or storm drains, whether or not
the system is owned by the municipality.
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.
NYS DEC
The New York State Department of Environmental Conservation.
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.
QUALIFIED PROFESSIONAL
A certified professional in erosion and sediment control
(CPESC), professional engineer (PE), registered landscape architect
and/or soil scientist.
RECHARGE
The replenishment of underground water reserves.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOT SPOT
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 (SMO)
An 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 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
Any permanent or intermittent natural or artificial stream,
river, creek, ditch, channel, canal, conduit, culvert, drain, waterway,
gully or ravine, in and including any area adjacent thereto, in which
water normally flows.
WETLANDS
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.
No application for approval of a land development activity shall
be approved until the appropriate board has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications in this chapter.
The applicant shall assure that all other applicable permits
have been or will be acquired for the land development activity prior
to approval of the final stormwater design plan.
A copy of the SWPPP and all inspection reports shall be retained
at the site of the land development activity during construction from
the date of initiation of construction activities to the date of final
stabilization.
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,
2005, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B. Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection
A of this section, and the SWPPP shall be prepared by a licensed professional.
C. 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 (6 NYCRR Part 703.2).
Prior to the issuance of any approval that has a stormwater
management facility as one of the requirements, the applicant or developer
must execute a maintenance easement that shall be binding on all subsequent
landowners served by the stormwater management facility. The easement
shall provide for access to the facility for periodic inspection by
the Village of Hillburn to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this chapter. The easement shall be recorded
by the grantor in the office of the County Clerk after approval by
the Attorney for the Village of Hillburn. This easement shall not
impose any obligation on the Village of Hillburn to maintain or repair
the stormwater management facility.
The owner or operator of permanent stormwater management practices
installed in accordance with this chapter shall ensure they are operated
and maintained to achieve the goals of this chapter. Proper operation
and maintenance also includes, at a minimum, the following:
A. A preventive/corrective maintenance program for all facilities and
systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this chapter.
B. Written procedures for operation and maintenance and training of
maintenance personnel.
C. Discharges from the SMPs shall comply with design criteria and shall not cause or contribute to water quality standard violations in accordance with §
198-12C.
The Village of Hillburn shall approve a formal maintenance agreement
for stormwater management facilities binding on all subsequent landowners
and recorded in the office of the County Clerk as a deed restriction
on the property prior to final plan approval. The maintenance agreement
shall be consistent with the terms and conditions of Schedule A of
this chapter entitled "Sample Stormwater Control Facility Maintenance
Agreement." The Village of Hillburn, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this chapter and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.