[Adopted 10-15-2018 by L.L. No. 3-2018]
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL ACTIVITY
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.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land disturbance activity.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity which removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DESIGNATED AGENT
Individual(s) directed by the Town of Mendon to conduct site inspections and/or perform other municipal duties.
EARTHWORK
Construction activities, including clearing, grading, excavating, soil disturbance or placement of fill, that result in land disturbance.
EROSION CONTROL
Measures that minimize erosion.
FEE IN LIEU
A payment of money in place of meeting all or part of the stormwater performance standards required by this chapter.
FINAL STABILIZATION
All soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with density of 80% has been established or equivalent measures such as the use of mulches or geotextiles have been employed on all unpaved areas and areas not covered by permanent structures.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
HOTSPOT
An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
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."
LAND DISTURBANCE ACTIVITY
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 disturbance activities may take place at different times on different schedules.
LANDOWNER
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.
LETTER OF CREDIT
A document issued by a bank which guarantees the payment of a customer's drafts for a specified period and up to a specified amount.
LICENSED/CERTIFIED PROFESSIONAL
A person currently licensed to practice engineering in New York State, a registered landscape architect or a certified professional in erosion and sediment control (CPESC).
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction and which provides for long-term maintenance of stormwater management practices.
NEW YORK STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROL
The most recent version of this publication, which is commonly known as the "Blue Book."
NEW YORK STATE STORMWATER MANAGEMENT DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
OFF-SITE FACILITY
A stormwater management measure located outside the subject property boundary.
PERFORMANCE BOND
A bond underwritten by a surety in the contract amount to guarantee that the contractor will perform the required work according to the contract specifications.
PHASING
Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of erosion and sediment controls, such as a licensed professional engineer, registered landscape architect, certified professional in erosion and sediment control (CPESC), or soil scientist.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Reconstruction or modification to any existing, previously developed land, such as residential, commercial, industrial, institutional or road/highway, which involves soil disturbance. "Redevelopment" is distinguished from "development" or "new development" in that "new development" refers to construction on land where there had not been previous construction. Redevelopment specifically applies to construction areas with impervious surface.
RESPONSIBLE INDIVIDUAL
As related to inspection of construction site erosion controls, any person with an in-depth understanding of the principles and practices of erosion and sediment control, stormwater management and the proper procedures and techniques for the installation and maintenance of erosion and sediment control features.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SILVICULTURAL ACTIVITY
Activities that control the establishment, growth, composition, health and quality of forests and woodlands.
SITE
A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
SITE PLAN APPROVAL
The examination and subsequent authorization to proceed with a project based upon a drawing prepared to specifications and containing necessary elements which show the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES
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.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS
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.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
The first land disturbance activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.
STORMWATER MANAGEMENT OFFICER
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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
The flow on the surface of the ground, resulting from precipitation.
STORMWATER TREATMENT PRACTICES
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
SURFACE WATERS OF THE STATE OF NEW YORK
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.
WATER QUALITY STANDARD VIOLATION
An increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
WETLAND
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."