Definitions. For purposes of this §
307-96.3, the following definitions shall apply:
AQUIFER
A consolidated or unconsolidated geologic formation, group
of formations or part of a formation capable of yielding a significant
or economically useful amount of groundwater to wells, springs or
infiltration galleries.
BATTERY ENERGY STORAGE SYSTEM
A rechargeable energy storage system consisting of batteries,
battery chargers, controls, power conditioning systems and associated
electrical equipment. The system is typically used to provide standby
or emergency power, an uninterruptable power supply, load shedding,
load sharing, smoothing and dispatching of intermittent renewable
energy sources, or similar capabilities. A battery energy storage
system is classified as a Tier 1, Tier 2, or Tier 3 battery energy
storage system as follows:
(1)
Tier 1 battery energy storage systems include either:
(a)
Battery energy storage systems for one- to two-family residential
dwellings within or outside the structure with an aggregate energy
capacity that shall not exceed:
[1]
40 kWh within utility closets and storage or utility spaces.
[2]
80 kWh in attached or detached garages and detached accessory
structures.
[3]
80 kWh on exterior walls.
[4]
80 kWh outdoors on the ground.
(b)
Other battery energy storage systems with an aggregate energy
capacity less than or equal to the threshold capacity listed in Table
1.
Table 1
|
---|
Battery Technology
|
Capacity
(kWh)
|
---|
Flow batteries
|
20
|
Lead acid, all types
|
70
|
Lithium, all types
|
20
|
Nickel cadmium (Ni-Cd)
|
70
|
Nickel metal hydride (Ni-MH)
|
70
|
Other battery technologies
|
10
|
(2)
Tier 2 battery energy storage systems include battery energy
storage systems that are not included in Tier 1, have an aggregate
energy capacity greater than the threshold capacity listed in Table
1, and have an aggregate energy capacity less than 600 kWh.
(3)
Tier 3 battery energy storage systems include all the following:
(a)
Battery energy storage systems with an aggregate energy capacity
greater than or equal to 600 kWh.
(b)
Battery energy storage systems where more than one storage battery
technology is provided in a room or indoor area.
CHLORIDE SALT
Any bulk quantities of chloride compounds and other de-icing
compounds intended for application to roads, including mixes of sand
and chloride compounds in any proportion where the chloride compounds
constitute over 8% of the mixture. A bulk quantity of chloride compounds
means a quantity of 1,000 pounds or more but does not include chloride
compounds in a solid form, including granules, which are packaged
in waterproof bags or containers which do not exceed 100 pounds each.
DISCHARGE
Any intentional or unintentional action or omission in the
releasing, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping into the waters of the municipality or onto lands from
which the discharged substances or material might flow or drain into
said waters, or into waters outside the jurisdiction of the municipality
when damage may result to the lands, waters, or natural resources
within the jurisdiction of the municipality.
FERTILIZER
Any commercially produced mixture generally containing phosphorous,
nitrogen and potassium which is applied to the ground to increase
nutrients to plants.
GROUNDWATER
Water contained in interconnected pores and fractures in
the saturated zone in an aquifer.
HAZARDOUS SUBSTANCE
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 and as defined in Chapter
263, Storm Sewers, of the Town of Cortlandt Town Code.
HAZARDOUS WASTE
See 6 NYCRR Part 371 and amendments thereto for the identification
and listing of hazardous wastes.
HERBICIDE
Any substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any weed, including those substances defined
as herbicides pursuant to Environmental Conservation Law § 33-0101
and amendments thereto.
LOW-IMPACT DEVELOPMENT (LID)
Refers to systems and practices that use or mimic natural
processes that result in the infiltration, evapotranspiration or use
of stormwater in order to protect water quality and associated aquatic
habitat.
MANURE
Animal feces and urine.
MINING
Any operation which involves the breaking of the earth's
surface for the purpose of extracting and removing raw natural materials
(such as topsoil) from the premises for the purpose of sale or off-premises
use.
MUNICIPAL WATER SUPPLY
Aquifers and watersheds within the Indian Brook-Croton Gorge
Watershed that serve as water sources for municipal water systems.
MUNICIPAL WATER SYSTEM
A water system which provides piped water to the public for
human consumption as defined and regulated by 10 NYCRR Subpart 5-1.
NONPOINT DISCHARGE
Discharges of pollutants not subject to SPDES (State Pollutant
Discharge Elimination System) permit requirements.
OVERLAY MAP
The overlay map showing the boundaries of the Indian Brook-Croton
Gorge Watershed Protection Overlay District.
PEST
Any insect, rodent, fungus or weed; or any other form of
terrestrial or aquatic plant or animal life or virus, bacteria or
other microorganism (except viruses, bacteria or other microorganisms
on or in living man or other living animals) which the Commissioner
of Environmental Conservation declares to be a pest as provided in
Environmental Conservation Law § 33-0101.
PESTICIDE
Any substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any pest, including any substances defined
as pesticides pursuant to Environmental Conservation Law § 33-0101
et seq., and amendments thereto.
PETROLEUM
Oil or petroleum of any kind and in any form, including but
not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil
mixed with other waste, crude oil, gasoline, and kerosene, as defined
in 6 NYCRR Part 597.1(b) and amendments thereto.
POINT SOURCE DISCHARGE
Pollutants discharged from a point source as defined in Environmental
Conservation Law § 17-0105 and amendments thereto.
POLLUTANT
Any material or by-product determined or suspected to be hazardous to human health or the environment as defined in in Environmental Conservation Law § 17-0105 and as defined in Chapter
263, Storm Sewers, of the Town of Cortlandt Town Code.
SOLAR FARMS
A Tier 3 energy system as defined in Chapter
255, Solar Energy Systems, of the Town of Cortlandt Town Code.
SOLID WASTE
Includes all manner of useless or unwanted or discharged
solid or semisolid nontoxic, domestic, commercial, industrial, institutional,
construction and demolition waste materials, except hazardous, toxic,
chemical, human or rendering wastes.
STEEP SLOPES
Within the Watershed Protection Overlay District, a steep slope is defined as any slope greater than 15% and as defined in Chapter
259, Steep Slopes, in the Town of Cortlandt Town Code.
STORMWATER HOTSPOTS
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. For purposes of the
Indian Brook-Croton Gorge Watershed Protection Overlay District, the
following land uses and activities are deemed stormwater hotspots:
(1)
Vehicle salvage yards and recycling facilities.
(2)
Vehicle fueling stations.
(3)
Vehicle service and maintenance facilities.
(4)
Vehicle and equipment cleaning facilities.
(5)
Fleet storage areas (bus, truck, etc.).
(7)
Marinas (service and maintenance).
(8)
Outdoor liquid container storage.
(9)
Outdoor loading/unloading facilities.
(10)
Public works storage areas.
(11)
Facilities that generate or store hazardous materials.
(12)
Commercial container nurseries.
(13)
Other land uses and activities as designated by an appropriate
review authority.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities, as defined in Chapter
262, Stormwater Management and Erosion and Sediment Control, of the Town of Cortlandt Town Code.
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.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and is or will be discarded as defined in Chapter
263, Storm Sewers, of the Town of Cortlandt Town Code.
WASTEWATER TREATMENT SYSTEM
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, collection and distribution pipes, on-site
disposal systems and seepage units, constructed drainage ditch or
surface water intercepting ditch, or other system not specifically
mentioned in this definition, installed for the purpose of transport,
treatment, neutralization, stabilization, storage, or disposal of
wastewater.
WATER BODY
Any body of water which exists at least three months of the year, as defined in Chapter
179, Freshwater Wetlands, Water Bodies and Watercourses.
WATER SUPPLY
The groundwater resources of the watershed, or the groundwater
resources used for a particular well or community water system in
the Indian Brook-Croton Gorge watershed.
WATERCOURSE
Any identifiable channel through which water flows continuously or intermittently, as defined in Chapter
179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code.
WATERSHED
The geographic region within which water drains to a particular wetland, water body, or watercourse, as defined in Chapter
179, Freshwater Wetlands, Water Bodies and Watercourses.
WATERSHED PROTECTION OVERLAY DISTRICT
Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District. The Watershed for specific municipal water supplies, as designated on the official Watershed Protection Overlay District Map and described in §
307-96.3D of this chapter.
WELL
Any present or future artificial excavation used as a source
of public or private water supply which derives water from the interstices
of the rocks or soils which it penetrates, including bored wells,
drilled wells, driven wells, infiltration galleries, and trenches
with perforated piping, but excluding ditches or tunnels, used to
convey groundwater to the surface.
WELLHEAD BUFFER
An area surrounding a municipal water system well, designated
as a critical area for protecting the well, created by a 200-foot
radius around each protected well.
WETLAND BUFFER AREAS
An area surrounding a wetland, watercourse or water body
that is subject to the regulations specified herein. Within the Indian-Brook
Croton Gorge Watershed Protection Overlay District, it is defined
as the land area within 150 linear feet along the surface, away from,
and around the perimeter of the outermost boundary of a wetland or
watercourse or water body. A buffer is intended to provide protection
from human activity and other encroachment associated with development.