It is the intent of this legislation to adopt a stormwater management
and erosion and sediment control chapter that will satisfy the relevant
part of the Phase II Stormwater regulations adopted by DEC.
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 within
the Village and to address the findings of fact in this law. This
chapter seeks to meet those purposes by achieving the following objectives:
A.Â
Meet the requirements of minimum measures 4 and 5 of the SPDES General
Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02, or
as amended or revised;
B.Â
Require land development activities to conform to the substantive
requirements of SPDES General Permit for Construction Activities GP-02-01
or as amended or revised;
C.Â
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
D.Â
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.Â
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.Â
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
It is hereby determined that:
A.Â
Land development 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.Â
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.Â
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.Â
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
E.Â
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
F.Â
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
G.Â
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.Â
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety;
I.Â
Regulation of land development 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.
A.Â
For the purposes of this chapter, certain terms and words are hereby
defined. Words used in the present tense include the future, words
in the singular include the plural, and words in the plural include
the singular; the word "shall" is mandatory. Notwithstanding some
references for definitional purposes to the Code of the Village of
Muttontown, the omission of such references in other instances shall
not be taken as an intent not to use such definitions for specific
terms that are not defined in this section and are defined in said
Code when it is deemed by any authorized officer, employee, board,
or committee of the Village to be appropriate to do so.
B.Â
AGRICULTURAL ACTIVITY
APPLICANT
BUILDING
CHANNEL
CLEARING
DEC
DEDICATION
DESIGN MANUAL
DEVELOPER
EPA
EROSION CONTROL MANUAL
GRADING
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
MAINTENANCE AGREEMENT
MS4s
NONPOINT SOURCE POLLUTION
PHASING
POLLUTANT OF CONCERN
PROJECT
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
SMO
SMPs
SPDES
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
STABILIZATION
STATE
STOP-WORK ORDER
STORMWATER
STORMWATER HOT SPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES
STORMWATER POLLUTION PREVENTION PLAN
STORMWATER RUNOFF
STRUCTURE
SURFACE WATERS OF THE STATE
SWPPP
WATER WAY
WATERCOURSE
As used in this chapter, the following terms shall have the meanings
indicated.
The activity of an active farm, including grazing and watering
of 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.
A property owner or agent of a property owner who has filed
an application for a land development 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.
The State Department of Environmental Conservation.
The deliberate appropriation of property by its owner for
general public use.
The State Stormwater Management Design Manual, most recent
version, including applicable updates, which serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The United States Environmental Protection Agency.
The most recent version of the "New York 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 surfaces, improvements, and structures that cannot
effectively infiltrate rainfall, snow melt, and water (e.g., building
rooftops, pavement, sidewalks, driveways, etc.).
An SPDES 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."
Construction activity including, but not limited to, clearing,
grading, excavating, soil disturbance, and 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 that involves
the disturbance of an acre or more in aggregate, even though multiple
separate and distinct land development activities may take place at
different times on different schedules.
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 document duly recorded in the Office of the Nassau County
Clerk that acts as a property deed restriction, and that provides
for long-term maintenance of stormwater management practices.
Municipal separate stormwater sewer systems.
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.
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 development
activity.
Land development activity.
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 other habitats for
threatened, endangered, or special concern species.
The Stormwater Management Officer.
Stormwater management practices.
State Pollutant Discharge Elimination System.
A DEC SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
A DEC SPDES permit 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.
The State of New York.
An order issued which requires that all, or a specified portion
thereof, 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.
A designated officer of the Village authorized to accept
and review stormwater pollution prevention plans, forward the plans
to the applicable Village Board or committee and inspect stormwater
management practices, to be appointed at the Village's annual
organizational meeting.
Measures, either structural, nonstructural, or a combination
of the two, 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.
Flow on the surface of the ground, resulting from precipitation.
As defined in Chapter 190, Zoning, of the Code of the Village of Muttontown.
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 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 surface waters of the state. The said 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.
Stormwater pollution prevention plan.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Board of Trustees has the authority
to enact and amend rules, regulations and/or local laws for the purpose
of promoting the health, safety or general welfare of the Village
and for the protection and enhancement of its physical environment.
The Board of Trustees may include in any such rules, regulations and/or
local laws provisions for the appointment of any municipal officer,
employees, or independent contractor to effectuate, administer, and
enforce such rules, regulations and/or local laws.
A.Â
This chapter shall be applicable to all land development activities,
as defined in this chapter.
B.Â
The Village shall designate a SMO who shall accept all stormwater
pollution prevention plans and notify the applicable Village Board.
The SMO may:
(1)Â
Review the plans;
(2)Â
Upon approval by the Board of Trustees engage the services of a registered
professional engineer to review the plans, specifications, and related
documents, at a cost borne by the applicant; or
(3)Â
Accept the certification of a licensed professional that the plans
conform to the requirements of this chapter.
C.Â
All land development activities subject to review and approval by
any board of the Village shall be reviewed by such board consistent
with the standards contained in this chapter.
The following are exempt from the provisions of this chapter:
A.Â
Agricultural activity as defined in this chapter.
B.Â
Silvicultural activities (commercial tree harvesting) except that
landing areas, staging areas and haul roads are subject to this chapter.
C.Â
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.Â
Repairs to any stormwater management practice or facility deemed
necessary by the SMO.
E.Â
Any part of a subdivision if a plat for the subdivision has been
approved by the Village Planning Board on or before the effective
date of this chapter, except where the Planning Board has reserved
site plan review or other continuing jurisdiction.
F.Â
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
G.Â
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
H.Â
Emergency activity immediately necessary to protect life, property
or natural resources.
I.Â
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.
J.Â
Landscaping and horticultural activities in connection with an existing
structure.
K.Â
Cemetery graves.