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 construction of new structures associated with agricultural activities, the cutting of timber or firewood for sale or barter, or any mining or other removal of earthen materials.
A property owner or agent of a property owner who has filed an application for a land development activity.
A basic SWPPP shall consist of a site-specific detailed erosion and sediment control plan prepared by a CPESC, licensed professional engineer or registered landscape architect at scale of not less than one inch equals 50 feet.
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 gross floor 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.
The initial removal of vegetation and disturbance of soils associated with clearing, grading or excavating activities or other construction activities.
A certified professional in erosion and sediment control.
A certified professional in stormwater quality.
The deliberate appropriation of property by its owner for general public use.
The New York State Department of Environmental Conservation. See also "NYSDEC."
The New York State Stormwater Management Design Manual (SMDM), most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
A primary source control that is any practice that protects the soil surface and prevents the soil particles from being detached by rainfall or wind.
The most recent version of the manual entitled "New York Standards and Specifications for Erosion and Sediment Control," commonly known as the "Blue Book."
The condition achieved after all soil-disturbing activities at the site have been completed and a uniform, perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches or geotextiles) have been employed on all unpaved areas not covered by permanent structures.
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, inclusive of both state and federal wetlands, 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."
Site preparation, development and/or construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance.
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 which serves as a property deed restriction and provides for the 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.
The New York State Department of Environmental Conservation. See also "Department."
The person, persons or legal entity which owns or leases the property on which the construction activity is occurring; and/or an entity that has operational control over the construction plans and specifications, including the ability to make modifications to the plans and specifications.
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 land development activity.
Land development activity.
A person that is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed professional engineer, certified professional in erosion and sediment control (CPESC), registered landscape architect, or other Department-endorsed individual(s). It can also mean someone working under the direct supervision of, and at the same company as, the licensed professional engineer or registered landscape architect, provided that person has training in the principles and practices of erosion and sediment control. Training in the principles and practices of erosion and sediment control means that the individual working under the direct supervision of the licensed professional engineer or registered landscape architect has received four hours of Department-endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other Department-endorsed entity. After receiving the initial training, the individual working under the direct supervision of the licensed professional engineer or registered landscape architect shall receive four hours of training every three years. It can also mean a person that meets the qualified professional qualifications in addition to the qualified inspector qualifications. (Note: Inspections of any post-construction stormwater management practices that include structural components, such as a dam for an impoundment, shall be performed by a licensed professional engineer.)
A person knowledgeable in the principles and practices of stormwater management and treatment, such as a licensed professional engineer, licensed landscape architect or other NYSDEC-endorsed individual(s). Individuals preparing SWPPPs that require the post-construction stormwater management practice component must have an understanding of the principles of hydrology, water quality management practice design, water quantity control design, and, in many cases, the principles of hydraulics, in order to prepare a SWPPP that conforms to the NYSDEC's technical standard. All components of the SWPPP that involve the practice of engineering, as defined by the New York State Education Law (see Article 145), shall be prepared by, or under the direct supervision of, a professional engineer licensed to practice in the State of New York.
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/or habitats for threatened, endangered or special concern species.
A permit issued by the Town Code Enforcement Officer to track projects involving land development activities subject to the requirements of this chapter but for which no other permits or approvals from the Town are required.
Agricultural practices that either have been or would be determined sound by the Commissioner of Agriculture and Markets upon application of the guidelines recommended for the Commissioner's use by the New York State Advisory Council on Agriculture, including but not limited to:
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 Town Board of the Town of Union Vale to accept and review stormwater pollution prevention plans, forward the plans to the applicable Town board or agency 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, including both an erosion control plan prepared by a CPESC, licensed professional engineer or registered landscape architect, and a water quality plan prepared by a CPSWQ, licensed professional engineer or registered landscape architect, with it required, however, that any SWPPP that includes post-construction stormwater management practices shall be prepared by a qualified professional as defined herein.
Flow on the surface of the ground, resulting from precipitation or snowmelt.
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.
Published guidelines posted by the New York State Department of Environmental Conservation in consultation with the New York Society of Foresters and the New York State College of Environmental Science and Forestry dealing "with problems caused by soil erosion, siltation and inattention to aesthetics" and including "best management practices recommended for timber harvesting in New York State, plus additional aesthetic practices."
An employee from the contracting (construction) company, identified by the owner or operator that will be responsible for installing, constructing, repairing, replacing, inspecting and maintaining the erosion and sediment control practices included in the SWPPP, that has received four hours of Department-endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other Department-endorsed entity. After receiving the initial training, the trained contractor shall receive four hours of training every three years. It can also mean an employee from the contracting (construction) company that meets the qualified inspector qualifications [e.g., licensed professional engineer, certified professional in erosion and sediment control (CPESC), registered landscape architect, or someone working under the direct supervision of, and at the same company as, the licensed professional engineer or registered landscape architect, provided he or she has received four hours of Department-endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other Department-endorsed entity]. The trained contractor will be responsible for the day-to-day implementation of the SWPPP.
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.