A.
All land development activities, as hereinafter defined in § 183-3, within the Village are hereby regulated by this chapter.
B.
The Building Inspector is hereby designated as the Stormwater
Management Officer, who shall accept and review all stormwater pollution prevention
plans and forward such plans to the applicable municipal board. The Stormwater
Management Officer may:
(1)
Review the plans;
(2)
Upon approval by Trustees of the Village of Bellerose,
engage the services of the Village Engineer to review the plans, specifications
and related documents at a cost not to exceed a fee schedule established by
said governing board; or
(3)
Accept the certification of a licensed professional that
the plans conform to the requirements of this chapter.
Exemptions are as follows:
B.
Silvicultural activity, except that landing areas and
log haul roads are subject to this chapter.
C.
Routine maintenance activities that disturb less than
one acre and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision
has been approved by the Board of Trustees of the Village of Bellerose on
or before the effective date of this chapter.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life,
property or natural resources.
J.
Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use by that
person and his or her family.
K.
Landscaping and horticultural activities in connection
with an existing structure.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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 deliberate appropriation of property by its owner for general
public use.
The New York State Department of Environmental Conservation.
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.
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, 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 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 within the Village of Bellerose, including clearing,
grading, excavating, soil disturbance or placement of fill, that results in
land disturbance of equal to or greater than 1/2 acre, or activities disturbing
less than 1/2 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.
Construction activity within the Village of Bellerose and adjacent to
watercourses and municipal parklands, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance of
equal to or greater than 1/8 acre, or activities disturbing less than 1/8
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.
The legal or beneficial owner of land, including those holding the
right to purchase or lease the land, or any other person holding proprietory
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.
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 or 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.
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 Trustees of the Village
of Bellerose to accept and review stormwater pollution prevention plans, forward
the plans to the applicable board 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.
Flow on the surface of the ground, resulting from precipitation.
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 affect
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.
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.
