A.
Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the words "parcel" and "plot"; and the word "building" includes the word "structure."
B. ADDITION ADJOINING PROPERTY ADJOINING PROPERTY BUFFER AUTHORIZED ENFORCEMENT AGENCY BEST MANAGEMENT PRACTICES (BMPs) BEST MANAGEMENT PRACTICES MANUALS CLEAN WATER ACT CONNECTION PERMIT CONSTRUCTION ACTIVITY DETENTION DEVELOPER DEVELOPMENT DISCHARGER EMERGENCY RESPONSE AGENCY EROSION EXISTING GRADE FILL FINAL GRADE FLOODPLAIN FOREBAY GRADING HAZARDOUS MATERIALS ILLICIT CONNECTION ILLICIT DISCHARGE IMPERVIOUS INDUSTRIAL ACTIVITY INFILTRATION LAND DEVELOPMENT/REDEVELOPMENT ACTIVITY LAND-DISTURBING ACTIVITY LICENSED/CERTIFIED PROFESSIONAL LOCAL CRITICAL SUB-DRAINAGE BASINS MUNICIPAL PERMIT MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT NONPOINT SOURCE POLLUTION NONSTORMWATER DISCHARGE OUTFALL OUTFLOW CONTROL STRUCTURE PEAK FLOW PEAK FLOW ATTENUATION PERSON POLLUTANT PREMISES RETENTION RETROFIT SENSITIVE DRAINAGE AREA (SDA) START OF CONSTRUCTION STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (SPDES) STORM SEWER CONNECTION PERMIT STORMWATER STORMWATER APPURTENANCES STORMWATER CONVEYANCE SYSTEM (DRAINAGE SYSTEM) STORMWATER MANAGEMENT, EROSION, SEDIMENT AND POLLUTION CONTROL PLAN STORMWATER MANAGEMENT PRACTICES (SWMPs) STORMWATER POLLUTION PREVENTION PLAN (SWPPP) STORMWATER RUNOFF WATERCOURSE WESTCHESTER COUNTY RAINFALL
WETLANDS
Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this chapter the most effective application. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.
Any work on an existing structure that changes the external dimensions of such structure.
Any property facing a work site across any right-of-way, street or highway shall be deemed "adjoining property," as well as any property contiguous on any side.
Any portion of any lot in a Residence A District that falls within the applicable side yard setback or thirty-foot rear yard setback, or the applicable zoning setback for any portion of the property that abuts a neighboring property. Land-disturbing activities, including temporary or permanent alteration or modification of any grades and/or stockpiling of soil materials, within the adjoining property buffer area is prohibited without Planning Board approval pursuant to § 254-10.1.
[Added 1-10-2023 by L.L. No. 2-2023]
Employees or a designee of the municipal agency designated to enforce this chapter.
Schedule of activities, prohibitions, general housekeeping practices, pollution prevention and educational practices, maintenance procedures and other practices to prevent or reduce the discharge of other pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems; procedures and methods pertaining to construction activities which are intended to minimize water pollution, retain valuable topsoil and prevent erosion and sedimentation and include, but are not limited to, those practices contained in the most recent versions of the New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control. BMPs are to be complied with on all plans submitted with an application for a stormwater management permit regardless of the size of the land disturbance.
The most recent editions of a series of manuals published by the State of New York, consisting of various volumes on best management practices for certain described activities and, specifically, the publications titled "New York State Stormwater Management Design Manual" and the "New York Standards and Specifications for Erosion and Sediment Control."
The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
An authorization for the connection as well as the discharge permitted under Article III of this chapter, as well as a discharge permitted under an SPDES permit, waiver, or waste discharge order issued by the NYSDEC. This permit is subject to special terms and conditions set by the Village Engineer or designee. This permit expires on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon changes of ownership or use of the property.
[Amended 1-10-2023 by L.L. No. 2-2023]
Includes activities subject to NYSDEC permits and SPDES permits or activities covered by erosion and sediment control and pollution prevention laws. These activities include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
A practice to store stormwater runoff by collection as a temporary pool of water and provide for its gradual (attenuated) release; a practice which is used to control peak discharge rates and which provides gravity settling of pollutants.
A person who undertakes land development activities.
To make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, the clearing of vegetation, grading, earth moving, providing utilities and other services such as parking facilities, stormwater management and erosion control systems, altering landforms or construction of a structure on the land.
Any person or entity, permitted by law or not, that is releasing, emptying, conveying or unloading fluids and materials, including but not limited to hazardous materials and illicit discharges, as defined by this chapter, into the municipal storm sewer system.
Any governmental agencies, including but not limited to the New York State Department of Environmental Conservation, the Westchester County Department of Health and the Village of Scarsdale Police and Fire and other appropriate Village departments.
The removal of soil particles by the action of water, wind, ice or other meteorological or geological agents.
The vertical location of the existing ground surface prior to excavation or filling.
Any act by which earth, sand, gravel, rock, or any other material is deposited, placed, pushed, dumped, pulled, or transported to a new location and shall include the conditions resulting therefrom.
The vertical location of the ground or pavement surface after the grading work is completed in accordance with the site development plan.
For a given flood event, that area of land temporarily covered by water which adjoins a watercourse. Land within the floodplain is property within the one-hundred-year flood boundary as shown on Flood Insurance Rate Map (FIRM) dated September 27, 2007, for the Village of Scarsdale as issued by the Federal Emergency Management Agency (FEMA) as amended from time to time.
An extra storage area or treatment area, such as a sediment pond or created wetland, near an inlet of a stormwater management facility to trap incoming sediments or take up nutrients before they reach a retention or extended detention pond.
Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
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 substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
An illicit connection is defined as any of the following: any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm sewer system, including, but not limited to, any conveyances which allow any nonstormwater discharge, including treated or untreated sewage, process wastewater and wash water, to enter the storm sewer system; any connections to the storm sewer 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; any drain or conveyance connected from a commercial or industrial land use to the storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
Any discharge through an unauthorized connection, including a direct or indirect nonstormwater discharge to the storm sewer system, except as exempted in this chapter.
Surfaces, such as, but not limited to, pavement, walks, patios, terraces, decks, rooftops, gravel surfaces, tennis courts and swimming pools, which prevent or inhibit the percolation of water into the soil. This definition shall be used in this chapter to define coverage and stormwater modeling.
[Amended 1-10-2023 by L.L. No. 2-2023]
Activities subject to SPDES industrial permits as defined in 40 CFR 122.26(b)(14) and GP-98-03, as amended or revised.
A practice designed to promote the recharge of groundwater by containment and concentration of stormwater into porous soils.
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill.
Any change to land which may result in soil erosion from water or wind and the movement of soil into water or onto lands, alteration of a drainage system, or increased runoff of waters, including, but not limited to, clearing, grading, excavating, transporting and filling of land.
A licensed New York State professional engineer or certified professional, specializing in drainage, hydrological and geotechnical sciences with expertise in soil erosion and sediment control.
Areas in the Village subject to flooding and identified in the Village of Scarsdale's Comprehensive Stormwater Management Plan, dated February 2009, as BR 4; BR 7; BR 8; SR 1; SR 2; SR 3; SR 4; SR 5 and HR 1.
Any permit or license issued by the Village of Scarsdale, including, but not limited to, building, grading, demolition, clearing, topsoil removal, excavation, tree removal, and special use permits, and subdivision and site plan approval.
A conveyance or system of conveyances and retention and infiltration facilities (including roads with drainage systems, curbs and gutters on municipal streets, manholes, catch basins, ditches, man-made channels, storm drains, stormwater basins, drainage reserve areas, dry wells and/or any other component of a stormwater system) that is owned and/or operated by the Village or another municipal entity, designed and/or used for collecting, conveying, storing, infiltrating, or managing stormwater, which is not a combined sewer and which is not part of a publicly owned treatment works as defined at 40 CFR 122.2.
A permit issued by the Environmental Protection Agency (EPA) or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis.
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.
Any discharge to the storm sewer system that is not composed entirely of stormwater.
The terminus of a storm drain where the contents are released.
A permanent structure placed at the discharge point of a stormwater conveyance system designed to control discharge of stormwater from the system.
The maximum rate of flow of water at a given point and time resulting from a storm event.
The reduction of the peak discharge of stormwater runoff by detention and gradual release of that storage.
Any corporation, partnership, association, trust, estate, or any other entity recognized by law and acting as either the owner or the owner's agent, including state and local governments and agencies, authorities, or other political subdivisions thereof, and one or more individuals.
Anything which causes or contributes to pollution. Pollutants that may cause or might reasonably be expected to cause pollution of the waters within New York State may include, but are not limited to, dredged soil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, hazardous materials, heat, wrecked or discarded equipment, rock, sand, industrial and agricultural waste, ballast discharged into water, paints, varnishes and solvents, oil and other automotive fluids, nonhazardous liquid, yard waste, refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations so that same may cause or contribute to pollution, floatables, pesticides, herbicides, particulate metals, animal waste, waste and residue resulting from constructing a building or structure and noxious or offensive matter of any kind.
Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking areas.
A practice designed to store stormwater runoff by collection as a permanent pool or tank of water without release except by means of evaporation, infiltration, or attenuated release when runoff volume exceeds the permanent storage capacity of the permanent pool or tank.
Upgrade of stormwater management system on a previously improved property, to the degree necessary, such that the property meets the requirements of this chapter.
Land located in a federally mapped floodplain, mapped state or locally designated wetland or local critical sub-drainage basin.
The first land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of utilities, streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and the installation of temporary or accessory buildings such as construction sheds or trailers and garages.
A permit issued by the New York State Department of Environmental Conservation that authorizes the discharge of pollutants to waters of the state.
An authorization for the connection to the MS4 and the discharge of stormwater, or authorized nonstormwater, under Article III of this chapter from all properties.
Any surface flow, runoff, and/or subsurface drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
Structures such as dry wells, catch basins, piping, storm drains and detention/retention basins designed to control and manage the flow of stormwater.
Publicly owned facilities on public land or privately owned facilities on private land by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other stormwater appurtenances to control and manage the flow of stormwater.
A plan prepared or certified by a New York State licensed engineer specializing in drainage, hydrological and geotechnical sciences with expertise in soil erosion and sediment control. These plans shall indicate the specific measures and sequencing to be used in controlling erosion, sediment and pollution on a development site during and after construction, showing the proposed use of the site and showing the methods, techniques and improvements that will be employed to control erosion, sedimentation and pollution, which shall employ best management practices and include capacity to accommodate a twenty-five-year storm on sites of two acres or less and a one-hundred-year storm on sites greater than two acres as promulgated by the Natural Resources Conservation Service (USDA). The plan shall contain all surface water calculations, unless set forth in an accompanying document.
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.
Any natural or artificial, intermittent, seasonal or permanent and public or private water body or watercourse. A "water body" is intermittently, seasonally or permanently inundated with water and contains a discernible shoreline and includes ponds and lakes. A "watercourse" includes rivulets, brooks, creeks, streams, rivers and other waterways flowing in a definite channel with bed and banks and usually in a particular direction.
As published by the Natural Resources Conservation Services (USDA)/rainfall depth for a twenty-four-hour period, and as amended from time to time:
[Amended 1-10-2023 by L.L. No. 2-2023]
1-year (inches) | 2-year (inches) | 5-year (inches) | 10-year (inches) | 25-year (inches) | 50-year (inches) | 100-year (inches) |
|---|---|---|---|---|---|---|
2.24 | 3.44 | 4.32 | 5.09 | 6.38 | 7.56 | 8.97 |