§ 289-2 Chapter 289 Stormwater Management

Definitions.

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As used in this article, the following terms 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 disturbance activity.CLEARINGAny activity which removes the vegetative surface cover.DESIGNATED AGENTIndividual(s) directed by the Town of Webster Department of Public Works to conduct site inspections and/or perform other municipal duties.EARTHWORKConstruction activities, including clearing, grading, excavating, soil disturbance or placement of fill, that result in land disturbance.EROSION CONTROLMeasures that minimize erosion.FINAL STABILIZATIONAll soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with density of 80% has been established or equivalent measures, such as the use of mulches or geotextiles, have been employed on all unpaved areas and areas not covered by permanent structures.GRADINGExcavation or fill of material, including the resulting conditions thereof.LAND DISTURBANCE ACTIVITYConstruction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than 25,000 square feet, or activities disturbing less than 25,000 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 disturbance activities may take place at different times on different schedules.LICENSED/CERTIFIED PROFESSIONALA person currently licensed to practice engineering in New York State, a registered landscape architect or a certified professional in erosion and sediment control (CPESC).NEW YORK STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROLThe most recent version of this publication which is commonly known as the "Blue Book."NEW YORK STATE STORMWATER MANAGEMENT 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.PHASINGClearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.QUALIFIED PROFESSIONALA person knowledgeable in the principles and practices of erosion and sediment controls, such as a licensed professional engineer, registered landscape architect, certified professional in erosion and sediment control (CPESC), or soil scientist.RESPONSIBLE INDIVIDUALAs related to inspection of construction site erosion controls, any person with an in-depth understanding of the principles and practices of erosion and sediment control, stormwater management and the proper procedures and techniques for the installation and maintenance of erosion and sediment control features.SEDIMENT CONTROLMeasures that prevent eroded sediment from leaving the site.SILVICULTURAL ACTIVITYActivities that control the establishment, growth, composition, health and quality of forests and woodlands.SITEA parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.SITE PLAN APPROVALThe examination and subsequent authorization to proceed with a project based upon a drawing prepared to specifications and containing necessary elements which show the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.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.SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMSA 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.STABILIZATIONThe use of practices that prevent exposed soil from eroding.START OF CONSTRUCTIONThe first land disturbance activity associated with a development, including: land preparation, such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.STORMWATER MANAGEMENTThe use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.STORMWATER MANAGEMENT OFFICERAn 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 POLLUTION PREVENTION PLAN (SWPPP)A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.STORMWATER RUNOFFThe flow on the surface of the ground, resulting from precipitation.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 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.WATERWAYA channel that directs surface runoff to a watercourse or to the public storm drain.

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