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.
BUILDINGAny 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.
CHANNELA natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARINGAny activity that removes the vegetative surface cover.
COMMERCIAL RECREATIONOutdoor 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.
DEDICATIONThe deliberate appropriation of property from its owner by a municipality for general public use.
DESIGN MANUALThe 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.
DEVELOPERA person or entity which undertakes land development activities.
EROSION CONTROL MANUALThe most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
FAMILYA 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.
GRADINGExcavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVERThose surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMITA 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.
INFILTRATIONThe process of percolating stormwater into the subsoil.
LAND DEVELOPMENT ACTIVITYConstruction 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.
LANDOWNERThe 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.
LOGGING ACTIVITYClearing 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.
MAINTENANCE AGREEMENTA 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.
NONPOINT SOURCE POLLUTIONPollution 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.
PHASINGClearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERNSediment 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.
PROJECTLand development activity or proposed land development activity.
RECHARGEThe 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.
SENSITIVE AREASCold-water fisheries, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
STABILIZATIONThe use of practices that prevent exposed soil from eroding.
STOP-WORK ORDERAn 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.
STORMWATERRainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOTA 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.
STORMWATER MANAGEMENTThe 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 FACILITYOne or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
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 YORKLakes, 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.
WATERCOURSEA permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAYA channel that directs surface runoff to a watercourse or to the public storm drain.
WETLANDAny 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).