As used in this chapter, the following terms shall have the
meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using the 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.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, or extension
thereof or addition thereto, having walls and a roof, designed for
the shelter of any person, animal, or property, and occupying more
than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
Unless explicitly defined otherwise, "days" refers to calendar
days. If the date specified for taking action does not fall on a business
day, the specified date for taking the relevant action shall be the
next business day.
The most recent version of the "New York State Stormwater
Management Design Manual," including applicable updates, together
which serve as the official guide for stormwater management principles,
methods and practices.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control."
Excavation or fill of material, including the resulting conditions
thereof.
As set forth in Chapter 5 of the New York State Stormwater
Management Design Manual.
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.
The process of percolating stormwater into the subsoil.
Construction activity, including clearing, grubbing, grading,
filling, excavating, or stockpiling activities that results in soil
disturbance. Clearing activities include, but are not limited to,
logging equipment operations, the cutting and skidding of trees, and
stump removal and/or brush root removal. Land development activity
does not include routine maintenance that is performed to maintain
the original line and grade, hydraulic capacity, or original purpose
of a facility.
See "land development activity" as defined herein.
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.
A contiguous area where multiple separate and distinct land
development activities are occurring, or will occur, under one plan.
The term "plan" in "larger common plan of development or sale" is
broadly defined as any announcement or piece of documentation [including
a sign, public notice or hearing, marketing plan, advertisement, drawing,
permit application, State Environmental Quality Review Act (SEQRA)
application, zoning request, computer design, etc.] or physical demarcation
(including signs, lot stakes, surveyor markings, etc.) indicating
that land development activities may occur on a specific plot. For
discrete construction projects that are located within a "larger common
plan of development or sale" that are at least 1/4 mile apart, each
activity can be treated as a separate plan of development or sale
provided any interconnecting road, pipeline or utility project that
is part of the same "common plan" is not concurrently being disturbed.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
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. Any source of pollution
that is not point source pollution.
The New York State Department of Environmental Conservation.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Pollution from a single identifiable localized source, typically
a discernable, confined and discrete conveyance.
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 land development activity.
See "land development activity" as defined herein.
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), registered
landscape architect, or other NYSDEC-endorsed individual(s). It can
also mean someone working under the direct supervision of, and at
the same company as, the licensed professional engineer or registered
landscape architect, provided that person has training in the principles
and practices of erosion and sediment control. Training in the principles
and practices of erosion and sediment control means that the individual
working under the direct supervision of the licensed professional
engineer or registered landscape architect has received four hours
of NYSDEC-endorsed training in proper erosion and sediment control
principles every three years.
A 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 NYSDEC-endorsed
individual(s). Individuals preparing SWPPPs that require postconstruction
stormwater management practices 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 NYSDEC's
technical standard. All components of the SWPPP that involve the practice
of engineering, as defined by the NYS Education Law, shall be prepared
by, or under the direct supervision of, a professional engineer licensed
to practice in the State of New York.
The replenishment of underground water reserves.
Land development activity that is performed to maintain the
original line and grade, hydraulic capacity, or original purpose of
a facility, including, but not limited to:
Regrading of gravel roads or parking lots.
Stream bank restoration projects (does not include the placement
of spoil material).
Cleaning and shaping of existing roadside ditches and culverts
that maintain the approximate original line and grade, and hydraulic
capacity of the ditch.
Cleaning and shaping of existing roadside ditches that does
not maintain the approximate original grade, hydraulic capacity or
purpose of the ditch if the changes to the line and grade, hydraulic
capacity and purpose of the ditch are installed to improve water quality
and quantity controls (e.g., installing grass-lined ditch).
Placement of aggregate shoulder backing that makes the transition
between the road shoulder and the ditch or embankment.
Full depth milling and filling of existing asphalt
pavements, replacement of concrete pavement slabs, and similar work
that does not expose underlying soil or disturb the bottom six inches
of subbase material.
Long-term use of equipment storage areas at or near highway
maintenance facilities.
Removal of sediment from the edge of the highway to restore
a previously existing sheet-flow drainage connection from the highway
surface to the highway ditch or embankment.
Replacement of curbs, gutters, sidewalks and guide rail posts.
Measures designed in accordance with the Erosion Control
Manual that prevent eroded sediment from dispersing beyond the limits
of land development activity.
The cultivation of forest trees and forestry, including timber
harvesting, logging and forest management.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of land development activities
to regulate disturbance of one or more acres of land or 5,000 square
feet or more within the NYC East of Hudson Watershed.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers (MS4) for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices designed in accordance with the Erosion
Control Manual that prevent exposed soil from eroding.
Means that all soil disturbance activities have ceased and
a uniform, perennial vegetative cover with a minimum density of 80%
over the entire pervious surface has been established; or other equivalent
stabilization measures, such as permanent landscape mulches, rock
rip-rap, or washed/crushed stone have been applied on all disturbed
areas that are not covered by permanent structures, concrete or pavement.
An order issued which requires that all land development
activity and/or construction activity on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
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.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the Town Board to administer
and enforce this chapter, and, in certain situations, review and approve
Town stormwater permits and SWPPPs, forward applications and SWPPPs
to the Planning Board, and inspect land development activities and
stormwater management practices. The SMO may rely on the Town Engineer
for the review of SWPPPs and to conduct inspections on his/her behalf.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities, prepared in conformance
with this chapter, the SPDES General Permit for Construction Activities,
and applicable NYSDEC technical standards.
Flow on the surface of the ground, resulting from precipitation,
snowmelt, surface runoff or drainage.
Shall be construed to include lakes, bays, sounds, ponds,
impounding reservoirs, springs, 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.
Waters of the state are further defined in 6 NYCRR Parts 800 to 941.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by NYSDEC as
required by Section 303(d) of the Clean Water Act. 303(d) listed waters
are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
The sum of the allowable loads of a single pollutant from
all contributing point and nonpoint sources. It is a calculation of
the maximum amount of a pollutant that a water body can receive on
a daily basis and still meet water quality standards, and an allocation
of the amount to the pollutant's sources. A TMDL stipulates wasteload
allocations (WLAs) for point source discharges, load allocations (LAs)
for nonpoint sources, and a margin of safety (MOS).
The Town of Lewisboro, Westchester County, New York.
The duly appointed Town Engineer or his/her designated representative.
A permit issued by the SMO or Planning Board, as applicable,
approving the SWPPP and authorizing a proposed land development activity.
An employee from the contracting (construction) company that
has received four hours of NYSDEC-endorsed training in proper erosion
and sediment control principles. After receiving the initial training,
the trained contractor shall receive four hours of training every
three years. It can also mean an employee from the contracting (construction)
company that meets the qualified inspector qualifications as defined
herein.
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water, including any area that meets the definition of "watercourse" as set forth in Chapter 217, Wetlands and Watercourses, of the Code of the Town of Lewisboro, as may be amended from time to time.
Areas meeting the definition of "wetland/freshwater wetland" as defined in Chapter 217, Wetlands and Watercourses, of the Code of the Town of Lewisboro, as may be amended from time to time.
