Unless otherwise expressly stated or unless the context requires, the following terms used in this article or in documents prepared or reviewed under this article shall have the meanings indicated:
AGRICULTURAL ACTIVITYThe 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.
APPLICANTA property owner or agent of a property owner who has filed an application for a land development activity.
BUILDINGAny 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.
CHANNELA natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARINGAny activity that removes the vegetative surface cover.
DEDICATIONThe deliberate appropriation of property by its owner for general public use.
DEPARTMENTThe New York State Department of Environmental Conservation.
DESIGN MANUALThe 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.
DEVELOPERA person who undertakes land development activities.
EROSION CONTROL MANUALThe most recent version of the New York Standards and Specifications for Erosion and Sediment Control Manual, commonly known as the "Blue Book."
GRADINGExcavation or fill of material, including the resulting conditions thereof.
GREEN INFRASTRUCTUREGreen infrastructure approaches infiltrate, evapotranspire or reuse stormwater, using soils and vegetation, rather than hardscape collection, conveyance and storage structures. Common green infrastructure approaches include green roofs, tress and tree boxes, rain gardens, vegetated swales, pocket wetlands, infiltration planters, vegetated median strips, reforestation, and protection and enhancement of riparian buffers and floodplains.
[Added 1-24-2011 by L.L. No. 1-2011]
IMPERVIOUS COVERThose surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMITA 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.
INFILTRATIONThe process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLANDAn 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 ACTIVITYConstruction activity, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 500 square feet, or activities disturbing less than 500 square feet 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.
[Amended 11-21-2016 by L.L. No. 8-2016]
LANDOWNERThe 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 AGREEMENTA legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTIONPollution 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.
PHASINGClearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERNSediment 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.
QUALIFIED INSPECTORA person that is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed Professional Engineer, Certified Professional in Erosion and Sediment Control (CPESC), or a Registered Landscape Architect, or someone working under the direct supervision of, and in the same company as, the licensed Professional Engineer or Registered Landscape Architect, provided that person has training in the principles and practices of erosion and sediment control.
[Added 1-24-2011 by L.L. No. 1-2011]
RECHARGEThe replenishment of undergroundwater reserves.
SENSITIVE AREASCold 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 ACTIVITIESA 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.
[Amended 1-24-2011 by L.L. No. 1-2011]
STABILIZATIONThe use of practices that prevent exposed soil from eroding.
STOP-WORK ORDERAn order issued which requires that all construction activity on a site be stopped.
STORMWATERRainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOTA 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 MANAGEMENTThe 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 FACILITYOne or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICERAn employee or officer designated by the Village Board of Trustees 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.
SURFACE WATERS OF THE STATE OF NEW YORKLakes, 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 undergroundwaters), that are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons that also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water that 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.
TRAINED CONTRACTORAn employee from the contracting or construction company who has received four hours of Department-endorsed training in proper erosion and sediment control principles. After receiving the initial training, the trained contractor shall receive four hours of training every three years. "Trained contractor" may also mean an employee from the contracting or construction company that meets the qualified inspector qualifications.
[Added 1-24-2011 by L.L. No. 1-2011]
WATERCOURSEA permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAYA channel that directs surface runoff to a watercourse or to the public storm drain.