[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven 3-28-2001 by L.L. No. 3-2001. Amendments noted where applicable.]
[Amended 3-28-2007 by L.L. No. 2-2007]
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 this jurisdiction and to address the findings of fact in § 128-1.1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01, or as amended or revised;
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;
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
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.
[Added 3-28-2007 by L.L. No. 2-2007]
It is hereby determined that:
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;
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation;
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;
Substantial economic losses can result from these adverse impacts on the waters of the municipality;
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
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;
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.
[Added 3-28-2007 by L.L. No. 2-2007]
As used in this chapter, the following terms shall have the meanings indicated:
- 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.
- 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
- DESIGN MANUAL
- 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.
- EROSION CONTROL MANUAL
- 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.
- IMPERVIOUS COVER
- Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
- INDUSTRIAL STORMWATER PERMIT
- 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.
- JURISDICTIONAL WETLAND
- 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.
- LAND DEVELOPMENT ACTIVITY
- Construction activity including clearing, grading, excavating, soil disturbance or 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, 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.
- MAINTENANCE AGREEMENT
- A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
- NONPOINT SOURCE POLLUTION
- 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.
- POLLUTANT OF CONCERN
- 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.
- SEDIMENT CONTROL
- Measures that prevent eroded sediment from leaving the site.
- SENSITIVE AREAS
- Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
- SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
- 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.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
- 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.
- STOP-WORK ORDER
- An order issued which requires that all construction activity on a site be stopped.
- Rainwater, surface runoff snowmelt and drainage.
- STORMWATER HOTSPOT
- 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.
- STORMWATER MANAGEMENT
- 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.
- STORMWATER MANAGEMENT FACILITY
- One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
- STORMWATER MANAGEMENT OFFICER
- An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
- STORMWATER MANAGEMENT PRACTICES (SMPS)
- 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.
- STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
- A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
- STORMWATER RUNOFF
- Flow on the surface of the ground resulting from precipitation.
- SURFACE WATERS OF THE STATE OF NEW YORK
- 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 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 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.
- UPLAND CHANNEL
- A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
- UPLAND WATERWAY
- 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 addition to the regulations set forth herein, the Village Board, the Board of Zoning and Appeals, the Planning Board and the Superintendent of Buildings shall assure that these standards are adhered to in any review. Conformity with the standards set forth in this section should be demonstrated by plans signed and sealed by a licensed architect, landscape architect or civil engineer.
Unless the standards in Subsection C below are more restrictive, the applicant shall conform to the best management practices set forth in the most current issue of Guidelines for Erosion and Sediment Control in Urban Areas of New York State, published by the United States Department of Agriculture Natural Resources Conservation Service, copies of which are maintained at each Natural Resources Conservation District office. For the purposes of these standards, the term "watercourse or waterway" shall include wetlands, streams/creeks, drainageways and Manhasset Bay.
When land is exposed during development, readevelopment or landscaping, the exposure shall be kept to the shortest practicable period of time and the smallest amount of land possible.
Disturbed soils shall be stabilized as soon as possible. Temporary vegetation and/or mulching shall be used to protect exposed land areas during construction, redevelopment or landscaping.
Permanent vegetation for erosion control shall be successfully established, and erosion control techniques/structures shall be instituted/installed within a time specified on the building permit. Wherever feasible, natural vegetation shall be retained and protected.
Grading (including cut-and-fill operations) shall be kept to a minimum and shall conform substantially with the natural features, topography, soils and alignment of watercourses in order to create the least erosion potential.
Cuts and fills shall not endanger adjoining property nor divert surface water onto the property of others.
All fill material shall be of a composition suitable for the ultimate use of the fill and shall be compacted sufficiently to prevent problems of erosion.
Fills shall not encroach on natural watercourses, constructed channels or floodway areas. Fills placed adjacent to or having impact on natural watercourses, constructed channels or floodplains shall have suitable protection against erosion during periods of flooding.
No development shall be permitted in a floodway if such development shall raise the water surface elevation of the base flood at any point in the community.
During grading operations, appropriate measures shall be taken for dust control.
Grading equipment shall not be allowed to enter into or cross any watercourse.
Control of erosion and sediment shall be a continuous process. Provision shall be made prior to, during and after construction to dispose of increased runoff caused by changed soils and surface conditions, in a manner which minimizes danger of flooding, erosion and pollutants from urban runoff entering coastal waters. Perimeter controls for the prevention of runoff during development, redevelopment or landscaping are required, including but not limited to staked hay bales, silt or erosion fencing and temporary berms or swales.
The rate of surface runoff shall not be increased by construction activity. Onsite recharge shall be accomplished through the use of drainage basins/leaching pools or other appropriate means. There shall be no discharge of sediment or other material into a watercourse.
Whenever lawns are established, areas of natural vegetation shall be maintained to filter fertilizers, pesticides or other chemicals before the runoff enters waterways.
Final grades of at least 1/2% as well as drainage facilities shall be provided to prevent the ponding of water, unless such ponding is proposed within site plans, in which event there shall be sufficient water flow to maintain proposed water levels and avoid stagnation.
Boat ramps shall be designed to accommodate runoff before it enters the Manhasset Bay/Long Island Sound waters.
To discharge or cause the discharge or runoff of soapy and detergent waters or noxious liquids or fluids containing sediments, except marine biodegradable cleansers, into municipal streets, catch basins or waterways is prohibited.
The use of hard structural erosion protective measures for control of erosion are generally accepted practices in a Maritime Center and are specifically appropriate in the following circumstances: vegetative approaches to controlling erosion are not effective; enhancement of natural protective features would not be practical in providing protection; and construction of a hard structure is the only practical design consideration and is essential to protecting a water-dependent use. When hard structural erosion protective measures are used, they shall be limited to the minimum scale necessary and be based on sound engineering practices. Practical vegetative methods shall be included in the project design and implementation.
Proposed erosion protection structures shall be designed with at least a thirty-year design life and conform to generally accepted engineering principles in both design and construction. All materials used in erosion protective structures shall be durable and capable of withstanding wave impacts, ice movement, weathering and other effects of storm conditions for the anticipated thirty-year life of the structure or be replaced as necessary.
A long-term maintenance program shall be provided, which includes specifications for normal maintenance of degradable materials and the periodic replacement of removable materials.
The design and siting of erosion control structures shall be of the minimum scale necessary and shall include sea level rise calculations.
Erosion protective structures shall be compatible in appearance with erosion protective structures on adjacent lots.
Erosion protective structures shall not cause measurable increases in erosion at the development site or other locations; and shall minimize and, if possible, prevent adverse effects to natural protective features, existing erosion protection structures and natural resources such as significant fish and wildlife habitats.
Commercial and industrial uses.
Access drives of commercial or industrial uses shall be finished with a surface that will minimize stormwater runoff and dust and debris.
Paving of an existing permeable, semipermeable or porous area (including but not limited to gravel, sand, cement strip and engineered block) with an impermeable material (including but not limited to cement, asphalt, macadam) shall require a permit from the Village Building Department. Stormwater runoff must be contained on site and not impact upon municipal streets or waterways. If the proposed paving is within 300 feet of a waterway, the Building Department may require review by the New York State Department of Environmental Conservation and the Planning Board.
Marina and waterside uses.
These regulations shall apply to any marina and waterside uses, including but not limited to yacht clubs, boat yards, other boating facilities and water-dependent aviation.
In all phases of marina/structures in water development (design, construction and operation), best management practices will be implemented to protect and safeguard the natural resources and ensure the environmental integrity of the impacted area.
Marinas/structures shall be designed to minimize adverse environmental impact and provide appropriate mitigation for such impacts.
All structures shall only be composed of materials which will have minimal adverse effect on the environment or water quality.
General design criteria.
All structures shall be constructed in accordance with generally accepted engineering and design standards and prevent flooding and erosion hazards.
Sufficient land area to support the water-based activities shall be provided, i.e., parking, security facilities, storage and related building structures and patron services.
Access from uplands through vegetated wetlands to reach open water shall be above the wetlands on piers of sufficient height to allow light penetration to vegetation.
In-water or maintenance dredging shall take place at a time designated by the New York State Department of Environmental Conservation to minimize adverse impacts on living marine resources.
Any structure within a waterway utilized in connection with an adjacent use shall not exceed the support capacity of the upland facilities.
Basins and channels shall be no deeper than the parent body of water.
Currents or tidal flow shall not be impeded or restricted to allow for adequate flushing.
Marinas shall be designed with as much porous land surface and vegetative cover as possible to prevent stormwater runoff and contaminated waters from reaching adjacent coastal waters and wetlands.
Buffer zones of natural vegetation shall be established between the proposed development and any waterways and wetlands. Where possible, existing shoreline vegetation shall remain undisturbed and thus available to function as natural shoreline protection.
Berms and grassed swales shall be made part of the marina design so that there is a gradient slope away (inland) from the edge of the basin. If necessary, stormwater runoff retention basins should be utilized to prevent pollution and contamination of adjacent wetlands and coastal waters.
All marina development and pump-out facilities shall be tied to a central wastewater treatment facility.
All marinas serving boats with an inboard sanitation device or a full or semienclosed cabin shall include facilities for the adequate and proper pump out and handling of sanitary wastes, petroleum products, boat maintenance and repair wastes, litter and other refuse, and for efficient treatment of stormwater runoff. A log of sanitary waste pump out and disposal shall be maintained for inspection by the Village Building Department. The village may require dye pellets or similar measures to determine compliance with sanitary waste disposal regulations.
Docks; piers; bulkheads; shoreline stabilization.
In any case where shoreline stabilization is necessary, consideration will first be given to vegetative or other nonstructural means. Any stabilization measure shall be consistent with the soil erosion standards and the standards for erosion protection structures.
For marine commercial or marine recreational uses, piers are preferred to dredging as a means of reaching deep waters. Piers and docks shall be extended to 100 feet or minimum navigable waters, four feet at mean low tide, whichever is less to minimize the need for dredging, but not interfere with navigation or public trust rights.
Docks and piers shall be designed and constructed such that alterations of the natural productive potential of the shoreline and littoral habitat is minimized.
Docks and piers shall be constructed and maintained in a manner that does not degrade the surrounding developed area or conflict with adjacent property interests and shoreline uses.
All structures shall be constructed so as to withstand a one-hundred-year flood.
[Added 3-28-2007 by L.L. No. 2-2007]
In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Village Board of Trustees of Manorhaven has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Village of Manorhaven and for the protection and enhancement of its physical environment. The Village Board of Trustees of Manorhaven may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.
[Added 3-28-2007 by L.L. No. 2-2007]
The municipality shall designate a 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 review the plans; upon approval by the Village Board of Trustees of the Village of Manorhaven, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or accept the certification of a licensed professional that the plans conform to the requirements of this chapter.
All land development activities subject to review and approval by the Zoning Board, Planning Board, Architectural Review Board, and Board of Trustees of the Village of Manorhaven under subdivision, site plan, and/or special permit regulations shall be reviewed subject to the standards contained in this chapter
[Added 3-28-2007 by L.L. No. 2-2007]
The following activities may be exempt from review under this chapter.
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
Emergency activity immediately necessary to protect life, property or natural resources.
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.
Landscaping and horticultural activities in connection with an existing structure, excepting the removal of more than 50% of existing vegetation.
[Added 3-28-2007 by L.L. No. 2-2007]
A stormwater pollution prevention plan consistent with the requirements of this chapter and Chapter 155, Zoning, Article XI, shall be required. The SWPPP shall meet the performance and design criteria and standards in Chapter 155, Zoning, Article XI, and this chapter. The approved erosion control permit shall be consistent with the provisions of Chapter 155, Zoning, Article XI, and this chapter.