A.Â
The stormwater management requirements of this Part 1 shall be applicable
to all land development activities as defined in this Part 1.
B.Â
The municipality designates the Codes Enforcement Officer (with reservation
of right to change such designation) to accept all stormwater pollution
prevention plans who shall forward such plans to the Town Engineer
and such other municipal boards as may be necessary. The Codes Enforcement
Officer may:
(1)Â
Review the plans;
(2)Â
Upon approval by the Town Board of the Town of New Hartford, and
subject to an agreement by the developer to pay the cost thereof,
engage the services of a registered professional engineer to review
the plans, specifications and related documents at a cost not to exceed
a fee schedule established by said governing board;
(3)Â
Accept the certification of a licensed professional that the plans
conform to the requirements of the New York current general permit
for construction activities, and the current general permit for MS4s;
C.Â
All land development activities subject to review and approval by
the applicable board of the Town of New Hartford under subdivision,
site plan, and/or special permit regulations shall be reviewed subject
to the standards contained in this chapter per model law.
D.Â
All land development activities not subject to review and stated
in Section 4.3 shall be required to submit an SWPPP to the Codes Enforcement
Officer who shall approve it if it complies with the requirement of
this chapter.
The following activities are exempt from the stormwater management
requirements of this Part 1.
A.Â
Agricultural activity as defined in this Part 1.
B.Â
Logging activity undertaken pursuant to an approved timber management
plan prepared or approved by the County Soil and Water Conservation
District or the New York State Department of Environmental Conservation,
except that landing areas and log haul roads are subject to this Part
1.
C.Â
Routine maintenance activities that disturb less than five acres
or are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a stormwater management facility.
D.Â
Repairs to any stormwater management practice or facility deemed
necessary by the municipality or its designee.
E.Â
Any part of a subdivision if a plat for the subdivision has been
approved by the Town of New Hartford on or before the effective date
of this Part 1.
F.Â
Land development activity(ies) for which a building permit has been
approved on or before the effective date of this Part 1.
G.Â
Creation of graves at cemeteries.
H.Â
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I.Â
Emergency activity immediately necessary to protect life, property
or natural resources.
J.Â
Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that person
and his or her family.
K.Â
Landscaping and horticultural activities in connection with an existing
structure.
L.Â
Cutting trees for firewood or personal uses.
M.Â
Nursery or tree farm.
As used in this Part 1, the following terms shall have the meanings
indicated:
The raising for profit/gain of fruits, grains, vegetables
and the like and structures incident thereto but not including the
raising or keeping of animals. "Agriculture," as defined in this Part
1, does not include all of the uses defined as agricultural uses in
New York's Agriculture and Markets Law.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or chattels. When a building is divided
into separate parts extending from the ground up, each part so divided
is deemed a separate building.
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.
Outdoor facilities, operated as a business and open to the
public with facilities for uses such as horseback riding, swimming,
golf courses, driving ranges, miniature golf and outdoor and open
air live theater.
The deliberate appropriation of property from its owner by
a municipality for general public use.
The New York State Stormwater Design Manual, most recent
version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person or entity which undertakes land development activities.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
A single person; two or more persons related by blood or
marriage; persons who are formally parties in a domestic partnership
entered into pursuant to the laws of the United States or any state;
or one or more persons acting as parental guardians for other household
occupants.
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of at least one acre, or activities disturbing less than one acre
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.
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.
Clearing and removal of trees as part of a business enterprise
on land in excess of one acre in size except for personal use or property
maintenance.
A legally recorded document which places restrictions on
the use or enjoyment of real property (e.g., deed restrictions), 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.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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.
Land development activity or proposed land development activity.
The addition of water to an aquifer or to a pumping well;
the replenishment of underground water reserves; also, the amount
of water added to an aquifer or a pumping well. Recharge is typically
expressed as a rate, e.g., inches per year or gallons per day.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, groundwater recharge areas, water supply
reservoirs, habitats for threatened, endangered or special concern
species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewer systems (MS4) for compliance with Environmental
Protection Agency established water quality standards and/or to specify
stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued by the Codes Enforcement Officer or agency
with jurisdiction over a particular activity which requires that all
construction activity on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on recognized or generally accepted monitoring
studies.
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.
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.
Flow on the surface of the ground, resulting from precipitation.
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.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
Any area where water is at or near the surface of the ground
each year to promote the formation of hydric soils or hydrophytes
(water-loving plants).
