When used in this article, and unless otherwise
expressly stated or unless the context requires, the following terms
shall have the meanings indicated:
AUTHORIZED ENFORCEMENT AGENCY
Employees or designees of the Village Building or Village
Engineering Department, as may be designated from time to time by
the Village Board of Trustees.
BEST MANAGEMENT PRACTICES (BMP)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
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.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, that, 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.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted in §
335-7 of this article.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
A.
Any drain or conveyance, whether on the surface
or subsurface, that allows an illegal discharge to enter the storm
drainage system, including but not limited to any conveyances that
allow any non-stormwater discharge including sewage, process wastewater,
and wash water to enter the storm drainage system and any connections
to the storm drainage 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; or
B.
Any drain or conveyance connected from a commercial
or industrial land use to the storm drainage system that has not been
documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR Section 122.26 (b)(14).
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
POLLUTANT
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
Publicly owned facilities through 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 drainage structures.
STORMWATER
Any surface flow, runoff, and/or drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document that describes the best management practices and
activities to be implemented by a person or business to identify sources
of pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, stormwater conveyance
systems, and/or receiving waters to the maximum extent practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water generated
on any developed and undeveloped lands and entering the storm drainage
system unless explicitly exempted by an authorized enforcement agency.
The authorized enforcement agency shall administer,
implement, and enforce the provisions of this article. The authorized
enforcement agency may delegate any powers granted or duties imposed
herein.
The provisions of this article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this article.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore, this article
does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, nor unauthorized discharge
of pollutants.
Any person subject to an industrial or construction
activity NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the authorized enforcement agency prior to
the allowing of discharges to the MS4.
The authorized enforcement agency will promulgate,
subject to approval of the Planning Board, requirements identifying
best management practices for any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater,
the storm drainage system, or waters of the U.S. The owner or operator
of a commercial or industrial establishment shall provide, at its
own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal storm drainage system
or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises that
is, or may be, the source of an illegal discharge may be required
to implement, at said person's expense, additional structural and
nonstructural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system. Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPPP)
as necessary for compliance with requirements of the NPDES permit.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, has information
of any known or suspected release of materials that is resulting or
may result in illegal discharges or pollutants discharging into stormwater,
the storm drainage system, or water of the U.S., said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the authorized enforcement agency in person or by phone or facsimile
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the Village Building Inspector and Village Mayor within three business
days of the phone notice. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner
or operator of such establishment shall also retain an on-site written
record of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least three years and shall
be made available to the authorized enforcement agency upon request
at any time.
Any person receiving a notice of violation may
appeal the determination to the Village Planning Board. The notice
of appeal must be received by the Village Clerk within 10 days from
the date of the notice of violation. Hearing on the appeal before
the appropriate authority or his/her designee shall take place within
15 days from the date of receipt of the notice of appeal. The decision
of the Village Planning Board shall be final.
If the violation has not been corrected pursuant
to the requirements set forth in the notice of violation, or, in the
event of an appeal, within 10 days of the decision of the Village
Planning Board upholding the decision of the authorized enforcement
agency, then representatives of the authorized enforcement agency
shall enter upon the subject private property and are authorized to
take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner,
agent or person in possession of any premises to refuse to allow the
government agency or designated contractor to enter upon the premises
for the purposes set forth above.
Within 10 days after abatement of the violation,
the owner of the property will be notified of the cost of abatement,
including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within 10 days of
receipt of said notice. If the amount due is not paid within a timely
manner as determined by the decision of the municipal authority or
by the expiration of the time in which to file an appeal, the charges
shall become a special assessment against the property and shall constitute
a lien on the property for the amount of the assessment. Any person
violating any of the provisions of this article shall become liable
to the Village by reason of such violation. The liability shall be
paid in not more than 12 equal payments. Interest at the rate of 8%
per annum shall be assessed on the balance beginning on the 40th day
following discovery of the violation.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the authorized enforcement agency may petition for
a preliminary or permanent injunction restraining the person from
activities that would create further violations or compelling the
person to perform abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties,
and remedies authorized by this article, the authorized enforcement
agency may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, etc.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
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 ACTIVITY
The 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.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
BUILDING
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.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DEPARTMENT
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.
DEVELOPER
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."
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
GREEN INFRASTRUCTURE
Green 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 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.
INFILTRATION
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 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]
LANDOWNER
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.
PHASING
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.
QUALIFIED INSPECTOR
A 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]
RECHARGE
The replenishment of undergroundwater reserves.
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
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.
[Amended 1-24-2011 by L.L. No. 1-2011]
STABILIZATION
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.
STORMWATER
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 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 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 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 CONTRACTOR
An 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]
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Amended 11-21-2016 by L.L. No. 8-2016]
A. Notwithstanding any of the foregoing, any applicant for any demolition or building permit shall be required to offset by on-site retention the increase in the rate of peak stormwater runoff from the proposed development from, at a minimum, the fifty-year design storm or, if the site disturbance is greater than one acre, from the one-hundred-year design storm, all in accordance with New York State Department of Environmental Conservation stormwater management requirements. As part of an application for a demolition or building permit, all applicants shall demonstrate the no net increase in stormwater runoff through analysis using the SCS Curve Number or Rational Method. Due to site constraints, sensitive areas, or areas requiring more caution due to issues such as existing flooding, density, or congestion, the Stormwater Management Officer may waive certain provisions of this §
335-28 or require enhanced mitigation of stormwater runoff.
B. Exceptions.
(1) This §
335-28A shall not apply to sites with less than 500 square feet of site disturbance where it is demonstrated that there is no change in total runoff volume and peak flow.
(2) When the Stormwater Management Officer finds that
the increase cannot be offset satisfactorily by on-site retention,
he/she may permit the increment of the increase which cannot be retained
("increment") to be carried away by the land's natural drainage, provided
that such Increment will not impair the permitted use or development
of those lands over or onto which such water will naturally flow.
(3) When the Stormwater Management Officer finds that
the increase cannot be offset satisfactorily by on-site retention,
he/she may permit such increment to be discharged into an existing
Village stormwater facility, provided that applicant has established
that the Village facility has sufficient capacity. Where he/she determines
it to be necessary, the Stormwater Management Officer shall require
the installation of water quality improvement measures prior to such
connection. The Stormwater Management Officer may waive or reduce
any of the requirements of this section if he/she determines that
such existing Village stormwater facility is of adequate size, and
will discharge surface water runoff directly to Long Island Sound,
the East Creek, or the Premium River without adversely affecting drainage
from any other area.
If the provisions of any section, subsection,
paragraph, subdivision or clause of this article shall be judged invalid
by a court of competent jurisdiction, such order or judgment shall
not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this article.