[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:
A.Â
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;
B.Â
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;
C.Â
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;
D.Â
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade local
water quality;
E.Â
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development to the
maximum extent practicable; and
F.Â
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:
A.Â
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;
B.Â
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for fish
and other desirable species;
C.Â
Clearing and grading during construction tends to increase
soil erosion and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.Â
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
E.Â
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream baseflow;
F.Â
Substantial economic losses can result from these adverse
impacts on the waters of the municipality;
G.Â
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.Â
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;
I.Â
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
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, snow melt 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 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.
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, 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 municipality to accept and
review stormwater pollution prevention plans, forward the plans to the applicable
municipal 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 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.
A natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
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.
A.Â
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.
B.Â
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.
C.Â
Standards.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
Cuts and fills shall not endanger adjoining property
nor divert surface water onto the property of others.
(6)Â
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.
(7)Â
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.
(8)Â
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.
(9)Â
During grading operations, appropriate measures shall
be taken for dust control.
(10)Â
Grading equipment shall not be allowed to enter into
or cross any watercourse.
(11)Â
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.
(12)Â
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.
(13)Â
Whenever lawns are established, areas of natural vegetation
shall be maintained to filter fertilizers, pesticides or other chemicals before
the runoff enters waterways.
(14)Â
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.
(15)Â
Boat ramps shall be designed to accommodate runoff before
it enters the Manhasset Bay/Long Island Sound waters.
(16)Â
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.
A.Â
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.
B.Â
Standards.
(1)Â
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.
(2)Â
A long-term maintenance program shall be provided, which
includes specifications for normal maintenance of degradable materials and
the periodic replacement of removable materials.
(3)Â
The design and siting of erosion control structures shall
be of the minimum scale necessary and shall include sea level rise calculations.
(4)Â
Erosion protective structures shall be compatible in
appearance with erosion protective structures on adjacent lots.
(5)Â
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.
A.Â
Commercial and industrial uses.
(1)Â
Access drives of commercial or industrial uses shall
be finished with a surface that will minimize stormwater runoff and dust and
debris.
(2)Â
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.
B.Â
Marina and waterside uses.
(1)Â
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.
(a)Â
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.
(b)Â
Marinas/structures shall be designed to minimize adverse
environmental impact and provide appropriate mitigation for such impacts.
(c)Â
All structures shall only be composed of materials which
will have minimal adverse effect on the environment or water quality.
(2)Â
General design criteria.
(a)Â
All structures shall be constructed in accordance with
generally accepted engineering and design standards and prevent flooding and
erosion hazards.
(b)Â
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.
(c)Â
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.
(d)Â
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.
(e)Â
Any structure within a waterway utilized in connection
with an adjacent use shall not exceed the support capacity of the upland facilities.
(f)Â
Basins and channels shall be no deeper than the parent
body of water.
(g)Â
Currents or tidal flow shall not be impeded or restricted
to allow for adequate flushing.
(3)Â
Stormwater runoff/sewage-sanitation.
(a)Â
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.
(b)Â
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.
(c)Â
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.
(d)Â
All marina development and pump-out facilities shall
be tied to a central wastewater treatment facility.
(e)Â
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.
(4)Â
Docks; piers; bulkheads; shoreline stabilization.
(a)Â
(b)Â
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.
(c)Â
Docks and piers shall be designed and constructed such
that alterations of the natural productive potential of the shoreline and
littoral habitat is minimized.
(d)Â
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.
(e)Â
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]
B.Â
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.
C.Â
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.
A.Â
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
B.Â
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
C.Â
Emergency activity immediately necessary to protect life,
property or natural resources.
D.Â
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.
E.Â
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.
