The following terms (and the singular and plural variations thereof) have the following meanings when used in this article:
AGRICULTURAL ACTIVITYThe preexisting activities and building(s) of an active farm or ranch. Agricultural activity includes grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but does not include the operation of a dude ranch (or similar operation) or the construction of any new buildings associated with an agricultural activity.
APPLICANTA property owner or developer, or agent or representative of a property owner or developer, who has filed an application in relation to a land development activity or an application under or related to this article.
BUILDINGAny structure, either temporary or permanent, having a roof and designed for the shelter or use of any person, animal, property, or agricultural and/or business operation, and containing or sheltering 100 square feet or more of surface area.
CHANNELA natural or artificial watercourse with a definite bed and bank(s) that conducts continuously or periodically flowing water.
CLEARINGAny activity, including, but not limited to, grubbing, wasting, and razing that removes preexisting vegetative surface cover and/or related root structures from a parcel.
CONSTRUCTION MATERIALSConstruction and construction related materials and waste materials, including construction chemicals.
DEDICATIONThe deliberate appropriation of, and/or transfer of rights in or to, a parcel or a portion of a parcel by its owner to the Town for an improvement district or for general public use or welfare.
DESIGN MANUALThe current or most recent version of the New York State Stormwater Design Manual, including applicable updates, which herein serves as the official guide for stormwater control principles, methods, and practices.
DESIGN STORMAn engineering specification that applies to the stormwater runoff potential of a meteorological event, such as a "ten-year storm," or a "hundred-year storm," which may precipitate a specific and measurable quantity of water in either a liquid or solid state upon a parcel during a specified length of time.
DEVELOPERAny person or entity that undertakes a land development activity.
EPAThe United States Environmental Protection Agency.
EROSIONA process, usually environmental in origin and/or effect, caused and contributed to by the elements and stormwater runoff and sedimentation.
EROSION CONTROL FACILITYA sedimentation containment facility, a stormwater control facility, or any combination thereof that is installed within or in association with any land development activity.
EROSION CONTROL MANUALThe most recent or current version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
GRADINGExcavation and/or fill of rock, soil, or other material(s), including the resulting conditions thereof.
IMPAIRED WATERWater whose purity has been diminished by pollution and/or sedimentation, including waters and surface waters upon the DEC § 303(d) list.
IMPERVIOUS COVERAny surface, improvement, structure and/or building that prevents or substantially reduces infiltration or any soil's ability to effectively infiltrate stormwater and/or that otherwise acts to increase stormwater runoff or other water accumulating conditions.
INDUSTRIAL STORMWATER PERMITA New York State Pollutant Discharge Elimination System (SPDES) permit issued to a commercial industry or group of industries that regulates the pollutant levels associated with industrial stormwater discharges or that specifies on-site pollution control facilities or on-site pollution control strategies.
INFILTRATIONThe process by which stormwater or other water percolates into soil or subsoil.
JURISDICTIONAL WETLANDAn 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 DEVELOPMENT ACTIVITYAny construction or other activity, including, but not limited to, clearing, grading, excavating, soil disturbance, or the placement of fill or construction or placement of site impervious surfaces that results in land disturbance of:
A. Equal to or greater than one acre; or
B. Less than one acre, but part of a larger common plan of development or sale, even though multiple, separate and distinct land development activities may be phased or occur upon the land at different times and/or upon separate schedules; or
C. Less than one acre, but part of a prior project not previously subject to this article.
LANDOWNERThe legal or beneficial owner of one or more parcels, including those persons or companies who hold the right to purchase or lease or develop a parcel, or any other person or company who holds proprietary rights in a parcel.
MAINTENANCE AGREEMENTA legally recordable document that acts as a property deed restriction and which provides for the long-term maintenance of stormwater management practices, whether through covenants, obligations, promises, easements, rights-of-way, or otherwise.
NONPOINT SOURCE POLLUTIONPollution that originates from any source other than from any specific, discernible, confined, and/or distinct source. Nonpoint source pollution includes, but is not limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal, and industrial and urban surface and subsurface water runoff sources.
OPERATOREach person or entity that owns, leases, develops, or engages in construction activities upon any property or parcel upon which any land development activity occurs.
PARCELA distinct tract, lot, portion, or piece of land upon which an applicant, developer, landowner, operator, or other person or entity conducts or proposes to conduct a land development activity.
PHASINGThe clearing of a parcel in distinct pieces or parts, with the stabilization of each piece or part completed before the clearing of the next piece or part.
POINT SOURCE POLLUTIONA specific, discernible, confined, and/or distinct land development activity or other land use that generates concentrations of liquids or solids, including, but not limited to, organic and inorganic chemicals, hydrocarbons, trace metals, heavy metals, metal deposits, construction materials, hazardous materials, toxicants, biomasses, carcasses, tires, discards, waste, by-products, litter and other pollutants recognized and/or regulated by the EPA and/or the DEC.
POLLUTANT OF CONCERNErosion, sediment, and/or pollution that is generated by a land development activity and discharged into any surface waters.
RECHARGEThe replenishment of water reserves, either above or under the ground.
SEDIMENTAny chemical, mineral, metal, rock, soil and/or compound, or mixture thereof, that has been exposed and/or eroded and that is subject to transport from one location to another by means of water, ice, wind, gravity or other naturally occurring means.
SEDIMENT CONTAINMENT FACILITYA physical application of sedimentation containment that reduces or prevents sedimentation. A sedimentation containment facility may include, but is not limited to, a building, a facility, a planting, a control, a device, whether structural or nonstructural, or any combination thereof. A sedimentation containment facility may be utilized and/or built in conjunction with a stormwater runoff facility, an erosion control facility, or a stormwater control facility, and may be a part or component of any thereof.
SEDIMENTATIONThe process by which sediment is transported from one location to another by means of water, ice, wind, gravity or other naturally occurring means.
SEDIMENTATION CONTAINMENTA practice, methodology, measure, act, design, or any combination thereof, that reduces or prevents sedimentation.
SENSITIVE AREASAny fisheries, shellfish beds, swimming beaches, groundwater recharge areas, wetlands, water supply reservoirs and/or other habitats for wildlife or any threatened, endangered, or special concern species.
SPDESAn acronym for State Pollutant Discharge Elimination System.
STABILIZATIONA physical and tangible effort made in order to stabilize soil and vegetation upon a parcel that acts to reduce or prevent erosion, sedimentation or stormwater runoff.
STATEThe State of New York.
STOP-WORK ORDERAny order issued that requires that most or all construction and land development activities occurring upon a parcel cease and be stopped.
STORMWATERRainwater, surface runoff, snowmelt, icemelt, drainage, and related naturally occurring surface water and accumulation(s).
STORMWATER CONTROLA practice, methodology, measure, act, design or any combination thereof that reduces or prevents stormwater runoff.
STORMWATER CONTROL FACILITYA physical application of stormwater control that reduces or prevents stormwater runoff, and which may include, but is not limited to, a building, a facility, a planting, a control, a device, whether structural or nonstructural, or any combination thereof. A stormwater control facility may be utilized and/or built in conjunction with any other stormwater management practice and may be a part or element thereof.
STORMWATER HOT SPOTAny land development activity or land use activity that generates higher sedimentation or higher concentrations of hydrocarbons, trace metals, or toxicants than are found in typical stormwater runoff, based upon monitoring studies.
STORMWATER MANAGEMENT OFFICER or SMOAn employee, agent, or officer appointed by the Town to:
A. Accept, review, and forward Stormwater Pollution Prevention Plans ("SWPPP") to the Town; and
B. Inspect stormwater management practices within the Town; and
C. To interpret and enforce the provisions and requirements of this article.
STORMWATER MANAGEMENT PRACTICEAny erosion control facility, stormwater control facility, stormwater control, sedimentation containment facility, watercourses, waterways, surface waters, channels, ditches, drains, culverts, ponds, retaining facilities, plantings, berms, swales, pipes, and other structures and appurtenances build, used, or intended to be utilized to protect and/or control stormwater, stormwater hot spots, sediment, sedimentation, erosion, stormwater runoff, infiltration, recharges, sensitive areas, point source pollution, nonpoint source pollution, pollutants of concern, impaired waters, stabilization, surface waters, channels, waterways, and watercourses, including, but not limited to, buildings, facilities, plantings, controls, protocols, designs, practices, methodologies, measures, acts, and devices, whether structural or nonstructural, or any combination thereof.
STORMWATER RUNOFFstormwater flow and precipitation upon or under the surface of the ground, including above or below ground flow(s) in any channel, watercourse, or waterway.
SURFACE WATERSLakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, 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), that are wholly or partially within or bordering the Town, or within or subject to its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, that may meet the criteria of this definition are not surface waters unless they were created in natural surface waters or resulted from the impoundment of surface waters.
TOWNThe Town of Lansing, New York.
WATERCOURSEA permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAYA channel that directs surface water or runoff to a watercourse or to a storm drain.
ZBAThe Zoning Board of Appeals of the Town of Lansing.