The title of this chapter shall be "Storm Sewers — Water
Quality Standards, Stormwater Management, Access, and Operations."
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Village Board of Trustees of the
Village of New Paltz (referenced interchangeably as "Village Board"
and/or "Village Trustees") has the authority to enact local laws and
amend local laws and for the purpose of promoting the health, safety
or general welfare of the Village of New Paltz and for the protection
and enhancement of its physical environment. The Village Board of
Trustees of the Village of New Paltz may include in any such local
law provisions for the appointment of any municipal officer, employees,
or independent contractor(s) to effectuate, administer and enforce
such local law.
When used in this chapter, unless otherwise expressly stated,
or unless the context or subject matter otherwise requires, the following
terms shall have the specific meaning indicated, with intent at the
point of law construction for there to be interchangeability of terminology
across different articles.
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
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.
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.
See the definition within the Zoning chapter.[1]
Schedules of activities, prohibitions of practices, general
good housekeeping measures, pollution prevention, and educational
practices, maintenance procedures, and other physical or behavioral
management procedures intended and established through evidence and
standards 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.
A term used by NYSDEC representing site planning that incorporates
nonstructural, open space conservation, and naturalistic techniques
within new and redevelopment projects in order to reduce impacts on
watersheds by conserving/enhancing natural areas, reducing impervious
cover and better integrating stormwater treatment with a setting and
its resource base. BSD relates to green infrastructure and low-impact
development (LID) planning.
See the definition within the Zoning chapter.[2]
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Any activity that removes the vegetative surface cover.
Actions requiring state and local authorization under the
NYDEC's SPDES permit for stormwater discharges from construction
activity, General Permits GP-02-01 and GP-02-02, as amended or revised.
Generally, in 2017, these activities included construction projects
resulting in land disturbance of one or more acres unless otherwise
excluded from regulation under GP-02-01 and/or GP-02-02. Such activities
include but are not limited to clearing, grubbing, grading, excavating
and demolition.
Deliberate appropriation of property by its owner for general
public use.
The Village of New Paltz Department of Public Works (DPW),
which is headed by the Superintendent of Public Works.
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.
A person who undertakes land development activities.
Any addition or introduction of any pollutant, stormwater,
or any other regulated substance whatsoever into the municipal separate
storm sewer system (MS4) or into waters of the United States.
Any person, as defined herein, who causes, allows, permits,
or is otherwise responsible for a discharge into a municipal storm
sewer.
The Environmental Protection Agency of the United States
of America.
The most recent affected version of the "New York Standards
and Specifications for Erosion and Sediment Control" manual, commonly
known as the "Blue Book."
The following activities are exempt from review under land development (Article III) thresholds of this chapter: defined agricultural activities; routine maintenance activities that disturb less than one acre of land and which are performed to maintain the original line and grade, hydraulic capacity, or the original purpose of a legally conforming or legally nonconforming existing facility; routine repairs to an established stormwater management facility expressly authorized in writing by the Stormwater Management Officer; any parcel of land within a subdivision plat indicated on a subdivision plat which received final approval and on which construction commenced on or before the effective date of this chapter; land development activities on land not incorporated within an approved subdivision, but for which a currently valid building permit was approved on or before the effective date of this chapter; cemetery graves; installation of fence, sign, telephone, and electric poles and other kinds of posts or poles, where there is not a requirement for site plan approval per zoning; emergency activities deemed immediately necessary by the Village Trustees, or when more timely action is needed as deemed necessary by the Mayor, or their assigns, to protect life, property or natural resources; limited landscaping and horticultural activities in connection with an existing legally conforming or legally nonconforming structure and/or existing site; activities of an individual engaging in home gardening intended primarily for the benefit and use by that person and his or her household.
Any lands and appurtenances, including but not limited to
construction sites, required by the Federal Clean Water Act, or other
jurisdiction, to have a permit to discharge stormwater associated
with industrial activity and/or any other regulated activity.
See the definition within the Zoning chapter[3]; generally movement, excavation, or fill of material,
including the resulting conditions thereof.
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 present or potential hazard to human health, safety,
property, or the environment when improperly treated, stored, transported,
disposed of, exposed, or otherwise managed.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or other toxicants than are found in
typical stormwater runoff, based on monitoring activity.
Any drain or conveyance, on the surface or subsurface, which allows an unlawful discharge to enter the Village-owned municipal separate storm sewer system, including but not limited to (see also § 165-8):
Any conveyances regulated under Article II which allow any nonstormwater discharge, including treated or untreated sewage, process wastewater, and wash water, to enter the Village-owned municipal separate storm sewer system and any connections 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 an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the Village-owned municipal separate storm sewer system
that has not been documented in plans, maps, or equivalent records
and applications lawfully approved by an authorized enforcement agency.
Any direct or indirect regulated nonstormwater discharge
to the Village-owned municipal separate storm sewer system, except
as explicitly exempted within an article within this chapter.
See the definition within the Zoning chapter.[4] Permitted and properly operated/maintained green infrastructure
like but not exclusive of green roofs, porous pavers, or porous pavement
should be considered pervious.
A State Pollutant Discharge Elimination System (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, such as per GP-98-03,
as amended or revised.
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, not including an exempt land development activity, including clearing, grading, excavating, soil disturbance, or other building and site programming activity, that involves land surface modification/movement of fill that results in land disturbance of one acre or greater, or an activity 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 development activities may take place at different times on different schedules. Generally, in the Village of New Paltz there is a requirement that land development activity must undergo site plan review as per Chapter 212, Zoning.
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 that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
MS4.
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,
or its successor (also referred to as "Department").
Any individual, association, organization, partnership, firm,
corporation, county or state government or any subdivision thereof,
or any other entity recognized by law and activity as either the owner,
or as the owner's agent or vendee, such entity which is operating
a property, or conducting a practice or activity on it.
Clearing a parcel of land in distinct pieces or parts, in
a sequence, 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
and/or the location where it is intended to remain.
Cold-water fisheries, swimming beaches, groundwater recharge
areas, water supply reservoirs, and habitats for threatened, endangered
or special concern species.
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, or any applicable
superseding permit.
The permit under the New York SPDES, or as subsequently amended
or superseded, 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.
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.
A group of designated municipal officials that provides administrative
review and in certain defined instances makes determinations concerning
this chapter. At the point of establishing this chapter the Committee
consisted of the Stormwater Management Officer, DPW Superintendent,
and Village Planner. Membership of this body is appointed annually
by the Trustees. The Committee should meet at least every six months
and maintain a record of its proceedings, with copies provided to
the Village Clerk.
One or a series of stormwater management practices, including
structures, landscaping, and grading, installed, stabilized and operating
for the purpose of controlling stormwater runoff, including its quality.
The head of the Building Department, or the Building Inspector
expressly authorized by the Village Trustees, responsible for the
inspection of stormwater management practices, enforcement of this
chapter and corresponding Municipal Code compliance, including the
administration and enforcement of approved SWPPPs, who also has the
power to accept and review or administer review of stormwater pollution
prevention plans, forward such materials to an applicable municipal
review board, or provide approval of certain actions as defined herein.
Measures, either structural or nonstructural, that are determined
through evidence to be the most effective or 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, program and specifications for controlling stormwater
runoff and pollutants from a site during and after construction activities.
Flow on the ground surface resulting from precipitation.
Lakes, bays, 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), which are wholly or partially within or bordering the state
or in 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.
Total maximum daily load; the maximum amount of a pollutant
allowed to be released into a water body so as not to impair uses
of the water, allocated among the sources of that pollutant.
The incorporated Village of New Paltz.
Water that is not stormwater, is contaminated with pollutants,
and is or will be discarded.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel directing surface runoff to a watercourse or public
storm drain.
