It has been determined by the New York State Department of Environmental
Conservation (NYSDEC) that:
A.Â
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B.Â
This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.Â
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.Â
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
streambank erosion and sedimentation;
E.Â
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
F.Â
Substantial economic losses can result from these adverse impacts
on the waters of the state;
G.Â
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.Â
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
I.Â
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
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 public residing within the City and to address the state's findings of fact in § 226-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.Â
Meet the requirements of minimum measures four and five of New York
State's SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or
as amended or revised;
B.Â
Require land development and redevelopment activities to conform
to the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities,GP-02-01, or as amended
or revised;
C.Â
Minimize increases in stormwater runoff from land development and
redevelopment activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels, watercourses or waterways;
D.Â
Minimize increases in pollution caused by stormwater runoff from
land development and redevelopment activities which would otherwise
degrade local water quality;
E.Â
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development and redevelopment
to the maximum extent practicable; and
F.Â
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices, devices and/or structures, and to ensure that these management
practices, devices and/or structures are properly maintained and eliminate
threats to public safety.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the City Council of the City of Mount
Vernon has the authority to enact local laws and amend local laws
and for the purpose of promoting the health, safety or general welfare
of the City of Mount Vernon and for the protection and enhancement
of its physical environment. The City Council of the City of Mount
Vernon may include in any such local law provisions for the appointment
of any municipal officer, employees, or independent contractor to
effectuate, administer and enforce such local law.
A.Â
This chapter shall be applicable to all land development and redevelopment activities as defined in § 226-6 of this article.
B.Â
The City shall designate a Stormwater Management Officer who shall
accept and review all stormwater pollution prevention plans and forward
such plans to the City Council. The Stormwater Management Officer
may:
(1)Â
Review the plans;
(2)Â
Engage the services of a licensed/certified professional to review
the plans, specifications and related documents at a cost not to exceed
a fee schedule established by said governing board, upon approval
by the City Council of the City of Mount Vernon; or
(3)Â
Accept the certification of a licensed professional that the plans
conform to the requirements of this chapter.
C.Â
All land development or redevelopment activities subject to review
and approval by the Planning Board of the City of Mount Vernon under
subdivision, site plan and/or special permit regulations shall be
reviewed subject to the standards contained in this article.
The following activities are exempt from review under this chapter:
A.Â
Agricultural activity as defined in this article.
B.Â
Silvicultural activity except that landing areas and log haul roads
are subject to this chapter.
C.Â
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.Â
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
E.Â
Any part of a subdivision if a plat for the subdivision has been
approved by the City on or before the effective date of this chapter.
F.Â
Land development or redevelopment activities for which a building
permit has been approved on or before the effective date of this chapter.
G.Â
Cemetery graves.
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.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meaning as set forth in this section:
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.
A property owner or agent of a property owner who has filed
an application for a land development or redevelopment activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
The City of Mount Vernon, New York.
The City Engineer of the City of Mount Vernon, New York.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, which serves as the
official guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
Environmental Protection Agency.
The removal of soil particles by the action of water, wind,
ice or other geological agents.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
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.
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."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 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 or redevelopment 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.
A person currently licensed to practice engineering in New
York State or a certified professional in erosion and sediment control
(CPESC).
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.
New York State Department of Environmental Conservation.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
The Planning Board of the City of Mount Vernon.
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 or redevelopment activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and 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 sewers for compliance with EPA and/or NYSDEC
established water quality standards and/or to specify stormwater control
standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, subsurface drainage and snowmelt.
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.
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.
The City Engineer of the City of Mount Vernon (or the person
serving in the capacity of the City Engineer) or his/her authorized
deputies, agents or representatives, including employees of other
City Departments, as appropriate. The SMO is designated by the City
to accept and review stormwater pollution prevention plans, forward
the plans to the applicable municipal board and inspect stormwater
management practices.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water (see
also "watercourse"; "waterway").
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
(see also "stream channel"; "waterway").
A channel that directs surface runoff to a watercourse or
to the public storm drain (see also "stream channel"; "watercourse").