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
|
