[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 1-2-2008 by L.L. No. 1-2008; amended in its entirety 9-4-2012 by L.L. No.
2-2012. Subsequent amendments noted where applicable.]
It is hereby determined that:
A.
Land disturbance 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.
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.
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.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
F.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
G.
Stormwater runoff, soil erosion and non-point source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land disturbance activities;
H.
The regulation of stormwater runoff discharges from land disturbance
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
non-point source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety;
I.
Regulation of land disturbance 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;
J.
The boundaries of the City's Municipal Separate Sewer System
(MS4) is defined as the entire City of Saratoga Springs, and all lands
within its corporate limits.
In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the City Council of Saratoga Springs 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 Saratoga Springs and for the protection and enhancement of its physical environment. The City Council of Saratoga Springs 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.
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 with in
this jurisdiction and to address the findings of fact in 242-1 hereof.
This chapter seeks to meet those purposes by achieving the following
objectives:
A.
Meet the requirements of Minimum Control Measures 4 and 5 of the
SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems (MS4s), Permit No. GP-0-10-002 or as amended
or revised;
B.
Require land disturbance activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-0-10-001 or as amended or revised;
C.
Minimize increases in stormwater runoff from land disturbance activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater runoff from
land disturbance activities which would otherwise degrade local water
quality;
E.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion and non-point
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
A.
The City designates the City Engineer as the Stormwater Management
Officer. The Stormwater Management Officer shall accept and review
all stormwater pollution prevention plans and forward such plans to
the applicable City board. The Stormwater Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the City Council, 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 the
City Council; or
(3)
Accept the certification of a licensed professional that the plans
conform to the requirements of this chapter.
A.
The requirements of this chapter shall be applicable to all land
disturbance activities as defined in this chapter.
B.
All land disturbance activities subject to review and approval by
the City Planning Board under subdivision, site plan, special use
permit, and/or land disturbance activity regulations shall be reviewed
subject to the standards contained in this chapter.
C.
All other land disturbance activities not subject to review by the Planning Board but subject to § 242-7A shall also be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this chapter.
The following activities may be exempt from review under this
chapter.
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity except that land areas, log haul roads, and
the removal of stumps are subject to this chapter.
C.
Routine maintenance activities that disturb less than one acre and
are performed to maintain the original line and grade, hydraulic capacity
or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision has received
final approval from the Planning Board on or before the effective
date of this chapter.
F.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life, property
or natural resources.
J.
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.
Landscaping and horticultural activities in connection with an existing
structure.
A.
Submission of a stormwater pollution prevention plan (SWPPP) is required
in the following circumstances:
(1)
Basic SWPPP (soil and sediment control) required for residential
activities disturbing land of 1.0 to 5.0 acres.
(2)
Full SWPPP (soil and sediment control and post-construction controls)
required for residential activities disturbing 5.0 acres or more.
(3)
Full SWPPP (soil and sediment control and post-construction controls)
required for nonresidential activities disturbing 0.1 acre or more.
B.
Contents of stormwater pollution prevention plans.
(1)
Basic SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)
Background information about the scope of the project, including
location, type and size of project;
(b)
Site map/construction drawing(s) for the project at a scale
no smaller than one inch equals 100 feet, including a general location
map. At a minimum, the site map shall show the total site area; all
improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s);
wetlands and drainage patterns that could be affected by the construction
activity; existing and final grades (five-foot contour interval max);
material, waste, borrow or equipment storage areas; and location(s)
of the stormwater discharge(s);
(c)
Delineation and description of the soil(s) present at the site,
including an identification of the Hydrologic Soil Group (HSG); test
pit or soil boring information as required by the Stormwater Management
Officer;
(d)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York State Standards and Specifications for Erosion and
Sediment Control (Erosion Control Manual), not more than five acres
shall be disturbed at any one time unless pursuant to an approved
SWPPP and prior written authorization from the City's Stormwater
Management Officer;
(e)
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(f)
Description of construction and waste materials expected to
be stored on-site with updates as appropriate, and a description of
controls to reduce pollutants from these materials including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project completion and achievement of final soil stabilization.
Measures shall meet the requirements of the most current version of
the technical standard, New York State Standards and Specifications
for Erosion and Sediment Control;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications, installation details, and
operation and maintenance requirements for all erosion and sediment
control practices, including the siting and sizing of any temporary
sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement or implementation
of each erosion and sediment control practice and duration that each
practice should remain in place or be implemented;
(l)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice. The maintenance schedule
shall be in accordance with the requirements in the most current version
of the technical standard, New York State Standards and Specifications
for Erosion and Sediment Control;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(p)
Any existing data that describes the stormwater runoff at the
site.
(2)
Full SWPPP. Land disturbance activities as defined in this chapter
and meeting Condition A, B or C below shall also be required to prepare
and submit a full SWPPP, which includes basic SWPPP requirements in
addition to water quantity and water quality controls (post-construction
stormwater runoff controls) as set forth below:
(a)
Condition A. Stormwater runoff from land disturbance activities
directly discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired
waters or a total maximum daily load (TMDL) designated watershed for
which pollutants in stormwater have been identified as a source of
the impairment.
(b)
Condition B. Stormwater runoff from residential development
activities involving land disturbance of five or more acres.
(c)
Condition C. Stormwater runoff from nonresidential development
involving land disturbance of 0.1 acre or more.
(3)
SWPPP Requirements for Condition A, B and C:
(b)
Description of each post-construction stormwater management
practice;
(c)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(e)
Comparison of post-development stormwater runoff conditions
with predevelopment conditions;
(f)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(h)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
(i)
Inspection and maintenance agreement binding on all subsequent
landowners served by the onsite stormwater management measures in
accordance with this chapter.
(j)
The SWPPP shall be prepared by a landscape architect, certified
professional or professional engineer and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices met the requirements in this chapter.
C.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land disturbance activity prior to approval of the final stormwater
design plan.
D.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land disturbance activity:
"I hereby certify that I understand and agree to comply with
the terms and conditions of the SWPPP and agree to implement any corrective
actions identified by the qualified inspector during a site inspection.
I also understand that the owner or operator must comply with the
terms and conditions of the most current version of the New York State
Pollutant Discharge Elimination System ("SPDES") general permit for
stormwater discharges from construction activities and that it is
unlawful for any person to cause or contribute to a violation of water
quality standards. Furthermore, I understand that certifying false,
incorrect or inaccurate information is a violation of the referenced
permit and the laws of the State of New York and could subject me
to criminal, civil and/or administrative proceedings."
(2)
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
(3)
The certification statement(s) shall become part of the SWPPP.
E.
A copy of the SWPPP shall be retained at the site of the land disturbance
activity from the date of initiation of construction activities to
the date of final soil stabilization.
All land disturbance 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)
New York State Stormwater Management Design Manual (New York State
Department of Environmental Conservation), 2010, most current version
or its successor, hereafter referred to as the Design Manual).
(2)
New York State Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation Society,
2004, 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 this chapter and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land disturbance 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.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land disturbance activity shall
at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed
or used by the applicant or developer to achieve compliance with the
conditions of this chapter. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(2)
For land disturbance activities as defined in this chapter and meeting Condition A, B or C in § 242-7, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Soil disturbances five acres or more in size at any one time shall require two site inspections every seven days. Inspection reports shall be maintained in a log book and be kept on site along with the approved SWPPP.
(3)
A trained contractor shall be on site at all times when construction
or grading activity takes place and shall inspect and document the
effectiveness of all erosion and sediment control practices.
B.
Maintenance easement(s). 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 agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the City of
Saratoga Springs 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 counsel
for the City of Saratoga Springs.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure that they are operated and maintained to achieve
the goals of this chapter. Proper operation and maintenance also includes,
as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical 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.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause
or contribute to water quality standard violations in accordance with
this chapter.
D.
Maintenance agreements. The City of Saratoga Springs 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 City of Saratoga
Springs, 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.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The City of Saratoga Springs Stormwater Management Officer may
conduct such inspections as necessary to determine compliance with
this chapter and may either approve that portion of the work completed
or notify the applicant wherein the work fails to comply with the
requirements of this chapter and the stormwater pollution prevention
plan (SWPPP) as approved. To schedule inspections, the applicant must
notify the Stormwater Management Officer at least 48 hours in advance
before any of the following as required by the Stormwater Management
Officer:
[1]
Start of construction.
[2]
Installation of sediment and erosion control measures.
[3]
Completion of site clearing.
[4]
Completion of rough grading.
[5]
Completion of final grading.
[6]
Close of the construction season.
[7]
Completion of final landscaping.
[8]
Successful establishment of landscaping in public areas.
(b)
If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the Stormwater Management
Officer.
(2)
Stormwater management practice inspections. The City of Saratoga
Springs Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs) after final
construction is completed. All applicants are required to submit "as
built" plans for any stormwater management practices located on site.
The plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer
verifying all practices have been constructed in conformance with
the SWPPP and are operational.
(3)
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including but
not limited to: routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher than typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher than usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
(4)
Submission of reports. The City of Saratoga Springs Stormwater Management
Officer may require monitoring and reporting from entities subject
to this chapter as are necessary to determine compliance with this
chapter.
(5)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the City of Saratoga Springs the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection A(3).
B.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure the full and
faithful completion of all land disturbance activities related to
compliance with all conditions set forth by the City of Saratoga Springs
in its approval of the stormwater pollution prevention plan, the City
of Saratoga Springs may require the applicant or developer to provide,
prior to construction, cash escrow, or irrevocable letter of credit
from an appropriate financial or surety institution which guarantees
satisfactory completion of the project and names the City of Saratoga
Springs as the beneficiary. The security shall be in an amount to
be determined by City of Saratoga Springs based on submission of final
design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the City of Saratoga Springs, provided
that such period shall not be less than one year from the date of
final acceptance or such other certification that the facility(ies)
have been constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the facilities
have been found to be acceptable to the City of Saratoga Springs.
Per-annum interest on cash escrow deposits shall be reinvested in
the account until the surety is released from liability.
(2)
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the City of Saratoga Springs with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction,
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the City of Saratoga
Springs may draw upon the account to cover the costs of proper operation
and maintenance, including engineering and inspection costs.
(3)
Recordkeeping. The City of Saratoga Springs may require entities
subject to this chapter to maintain records demonstrating compliance
with this chapter.
C.
Enforcement and penalties.
(1)
Notice of violation. When the City of Saratoga Springs determines
that a land disturbance activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(a)
The name and address of the landowner, developer or applicant;
(b)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to bring the
land disturbance activity into compliance with this chapter and a
time schedule for the completion of such remedial action;
(e)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(f)
A statement that the determination of violation may be appealed
to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
(2)
Stop-work orders. The City of Saratoga Springs may issue a stop-work
order for violations of this chapter. Persons receiving a stop-work
order shall be required to halt all land disturbance activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the City of Saratoga
Springs confirms that the land disturbance activity is in compliance
and the violation has been satisfactorily addressed. Failure to address
a stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this chapter.
(3)
Violations. Any land disturbance activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
(4)
Penalties for offenses.
(a)
In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both
for conviction of a first offense; for conviction of a second offense
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense all of which were committed within a
period of five years, punishable by a fine not less than $700 nor
more than $1000 or imprisonment for a period not to exceed six months,
or both.
(b)
However, for the purposes of conferring jurisdiction upon courts
and judicial officers generally, violations of this chapter shall
be deemed misdemeanors and for such purpose only all provisions of
law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
(5)
Withholding of certificate of occupancy. If any building or land
disturbance activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer may prevent the occupancy
of said building or land.
(6)
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the City of Saratoga
Springs may take necessary corrective action, the cost of which shall
become a lien upon the property until paid.
D.
Fees for services. The City of Saratoga Springs may require any person
undertaking land disturbance activities regulated by this chapter
to pay reasonable costs at prevailing rates for review of SWPPPs,
inspections, or SMP maintenance performed by the City of Saratoga
Springs or performed by a third party for the City of Saratoga Springs.
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, and using land for
growing agricultural products, 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 disturbance 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.
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. This
can include, but is not limited to, logging equipment operation, the
cutting and skidding of trees, stump removal and/or brush root removal.
The deliberate appropriation of property by its owner for
general public use, subject to acceptance by the City.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version including applicable updates that 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 State 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 impermeable surfaces, improvements and structures that
cannot effectively infiltrate rainfall, snow melt and water (e.g.,
building rooftops, pavement, sidewalks, driveways, etc.). This includes,
but is not limited to, paved, concrete and gravel surfaces.
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.
Any activity including clearing, grading, excavating, filling,
demolishing or stock piling that results in soil disturbance. Includes
land development activity and construction activity.
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 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 activity not included within definition of residential
activity (for purposes of establishing SWPPP requirements only).
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 disturbance
activity.
Land disturbance activity.
The replenishment of underground water reserves.
Activities related to the development of living quarters
for single-family or two-family dwelling units (for purposes of establishing
SWPPP requirements only).
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, 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 sewers for compliance with EPA 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, 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 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.
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.
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 non-point 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.
