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 or stormwater management
permit.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures and practices
to control site runoff, spillage or leaks, sludge or water disposal
or drainage from raw materials storage.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
CLEARING
Any activity that removes the vegetative surface cover.
CONSTRUCTION ACTIVITY
Activities subject to SPDES construction permits. Currently,
these include construction projects resulting in land disturbance
of one acre or more. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating and demolition.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DESIGNATED AGENT
Individual(s) directed by the Village of Hilton to conduct
site inspections and/or perform other municipal duties.
DISCHARGER
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
EARTHWORK
Construction activities including clearing, grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
FEE IN LIEU
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
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.
HAZARDOUS MATERIALS
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
HOTSPOT
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in §
215-7 of this article and any stormwater discharges to the sanitary sewer except as permitted by the Village of Hilton.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
A.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system
including, but not limited to, any conveyances which allow any nonstormwater
discharge, including sewage, process wastewater and wash water to
enter the storm drain system and any connection to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted or approved by
a government agency;
B.
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps or equivalent records and approved by the Village of Hilton;
or
C.
Any stormwater discharge to a sanitary sewer unless approved
by the Village of Hilton.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL ACTIVITY
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
INDUSTRIAL WASTES
Any liquid, gaseous or solid substance or a combination thereof
which is an undesired by-product waste resulting from any process
of industry, manufacturing, trade or business or from the development
or recovery of any natural resources, except garbage.
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 one or more acres, or activities disturbing less than one acre
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 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.
PERSON
Any individual, association, organization, partnership, firm,
corporation or any other entity recognized by law and acting as either
the owner or the owner's agent.
PHASING
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
POLLUTANT
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; and noxious
or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
PRIVATE SEWAGE DISPOSAL SYSTEM
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the ground
waters of New York State, except where a permit for such a facility
is required under the applicable provisions of Article 17 of the Environmental
Conservation Law.
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.
SANITARY SEWER
A sewer, which transports sewage and to which storm, surface
and ground waters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground, surface and stormwater as may be inadvertently present.
The admixture of sewage with industrial wastes as defined above or
other wastes also shall be considered "sewage" within the meaning
of this definition.
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.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards. The condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their municipal separate storm sewer
(MS4) permit may have caused or has the reasonable potential to cause
or contribute to the violation of an applicable water quality standard.
Under this condition, the Village of Hilton must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
B.
303(d) listed waters. The condition in the Village of Hilton's
MS4 permit that applies where the Village discharges to a 303(d) listed
water. Under this condition, the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)
listed water.
C.
Total maximum daily load (TMDL) strategy. The condition in the
Village of Hilton's MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by EPA for
a water body or watershed into which the Village discharges. If the
discharge from the Village did not meet the TMDL stormwater allocation
prior to September 10, 2003, the Village was required to modify its
stormwater management program to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
D.
The condition in the Village of Hilton's MS4 permit that
applies if a TMDL is approved in the future by EPA for any water body
or watershed into which the Village discharges. Under this condition,
the Village of Hilton must review the applicable TMDL to see if it
includes requirements for control of stormwater discharges. If the
Village is not meeting the TMDL stormwater allocations, the Village
must, within six months of the TMDL's approval, modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
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.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (i.e., ditches), reservoirs and other
drainage structures.
STORMWATER
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
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 and describes the
best management practices and activities to be implemented by a person
to identify sources of pollution or contamination at a site and the
actions to eliminate or reduce pollutant discharges to stormwater,
stormwater conveyance systems and/or receiving waters to the maximum
extent practicable.
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.
303(d) LIST
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the Department
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act. 303(d) listed waters are estuaries, lakes and streams
that fall short of state surface water quality standards and are not
expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water allocated
among the sources of that pollutant.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
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.
WATERCOURSE
Waters of the United States as defined at 40 CFR 122.2.
WATERS OF THE UNITED STATES
Surface watercourse and water bodies as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
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."
This article shall be applicable to all land disturbance activities that will disturb one or more acres of land unless exempted under §
215-7B of this chapter. The article also applies to land disturbance activities of less than one acre if such activities are part of a larger common plan of development or sale that will disturb one or more acres, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
In accordance with Article 2, § 10 of the Municipal
Home Rule Law of the State of New York, the Village of Hilton Board
of Trustees has the authority to enact laws for the purpose of promoting
the health, safety, or general welfare of the Village, including the
protection and preservation of the property of its inhabitants. By
the same authority, the Board of Trustees may include in any such
law provisions for the appointment of any municipal employees to effectuate
and administer such law.
The Village may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Village prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The financial guarantee may be in the form of a performance bond, cash escrow, or letter of credit from an appropriate financial or surety institution which names the Village as the beneficiary. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in §
215-11 of this chapter. At its discretion, the Village may allow for a partial release of the financial guarantee based on the completion of various development stages.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Village of Hilton may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate enjoin or otherwise compel the cessation of such nuisance
may be taken.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or article
and it is within the discretion of the Village to seek cumulative
remedies.
A review fee shall be paid by any applicant or its agent whenever
the services of the Village Engineer or other professional are required
to review sketches, plats or plans submitted for Village approval.
The applicant shall also reimburse the Village for all reasonable
and necessary engineering, administrative, and legal expenses incurred
by the Village in connection with the review, inspection, and consideration
of a stormwater pollution prevention plan.