New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Terms defined
					 in section
					 645-2.1  of
					 this Title shall have the meanings set forth in that section. Terms not defined
					 in this Subpart shall have their usual and ordinary meanings.
(b) The following terms shall have the stated
					 meanings when used in this Subpart or in documents prepared or reviewed by the
					 commission.
(1) Agricultural activities means
					 the activities of an active farm including grazing and watering livestock,
					 irrigating crops, harvesting crops, and using land for growing agricultural
					 products, but shall not include the construction of new structures associated
					 with agricultural activities.
(2)
					 Base flow means the stream discharge from groundwater runoff.
(3) Blind drain means a drain consisting of
					 an excavated trench refilled with pervious materials, such as coarse sand
					 gravel or crushed stone through which water percolates and flows toward an
					 outlet, often referred to as a French drain.
(4) Building footprint means that
					 two-dimensional plane area of a building or structure which results when the
					 height dimension is removed and which shows an aerial view of said building or
					 structure including garages, sheds, porches, eaves, covered breezeways,
					 entryways and other similar attached appurtenances.
(5) Catch basin means an inlet structure for
					 the collection of stormwater from impervious surfaces designed with a sump to
					 trap sediment.
(6) Commission means
					 the Lake George Park Commission.
(7) Department means the Department of
					 Environmental Conservation of the State of New York.
(8) Detention means the practice and
					 procedures associated with the delayed release of stormwater so as to reduce
					 peak flow, maintain base flow, increase opportunity for recharge to
					 groundwater, and reduce opportunity for surface runoff and soil
					 erosion.
(9) Detention-structure
					 means a permanent structure for the temporary storage of runoff which is
					 designed so as not to create a permanent pool of water.
(10) Develop land means to change the runoff
					 characteristics of a parcel of land in conjunction with residential,
					 commercial, industrial or institutional construction or alteration.
(11) Development means any building,
					 construction, expansion, alteration, modification, demolition or other
					 activity, including land clearing, land disturbance, grading, roadway
					 construction or expansion, mining or mineral extraction which materially
					 changes the use or appearance of land or a structure, or the intensity of the
					 use of land, or the creation of a subdivision which may result in such
					 activity, but not including interior renovations to a structure, a change in
					 use of a structure which results in no land disturbance.
(12) Development area or site means: any
					 parcel of property or lot or combination of contiguous lots which:
(i) are in common ownership; or
(ii) are in diverse ownership where
					 development is to occur in common. For the purposes of this Subpart, contiguous
					 lands shall include those separated by a public highway.
(13) Disturbed area means that part of a
					 development site area where actual land disturbance, vegetation removal, or
					 construction of buildings, structures or utilities will occur or has
					 occurred.
(14) Drainage area means
					 all of the area of land contributing runoff flow to a single point.
(15) Erosion means the wearing away of the
					 land surface by water, wind, or ice or the detachment and movement of soil or
					 rock fragments by water, wind, ice or gravity.
(16) Fertilizer means any substance
					 containing one or more recognized plant nutrients which is used for its plant
					 nutrient content, and which is designed for use or claimed to have value in
					 promoting plant growth, except unmanipulated animal and vegetable manures,
					 agricultural liming material, wood ashes, gypsum and other products exempted by
					 regulation of the Commissioner of Agriculture and Markets.
(17) Filter strip means a strip of permanent
					 vegetation above ponds, diversion terraces and other structures to retard flow
					 of runoff, causing deposition of transported material, thereby reducing
					 sediment flow.
(18) Flow
					 attenuation means prolonging the flow time of runoff to reduce the peak
					 discharge.
(19) High traffic area
					 means a road, parking area, or driveway used for motorized vehicular travel,
					 except those servicing four (4) or fewer residential lots or units.
(20) Hydrograph means a graph showing
					 variation in stage (depth) or discharge of a stream of water over a period of
					 time.
(21) Impervious area means
					 all impermeable surfaces that cannot effectively infiltrate rainfall. This
					 includes paved, concrete, packed earth and gravel surfaces (i.e. parking lots,
					 driveways, roads, runways and sidewalks); building rooftops and other
					 miscellaneous impermeable structures such as patios, pools, and
					 sheds.
(22) Infiltration means the
					 downward movement of water from the surface to the subsoil. Infiltration rate
					 is typically expressed as inches per hour.
(23) Infiltration device means a stormwater
					 recharge area, drywell, recharge basin, retention basin, porous pavement, or
					 any other engineered structure designed to infiltrate stormwater.
(24) Infiltration rate means a soil
					 characteristic determining or describing the maximum rate at which water can
					 enter the soil under specified conditions, including the presence of an excess
					 of water.
(25) Land disturbance or
					 land clearing means grading, digging, cutting, scraping, excavating, removing
					 of soil, placement of fill, paving or otherwise covering, construction,
					 substantial removal of natural or human-made vegetation, replacement of natural
					 vegetation with lawn or other human-made vegetation, demolition or other
					 removal of human-made features, or any activity which bares soil or rock. For
					 the purposes of calculating the square footage affected by any development in
					 order to determine a project's classification, all affected areas of the
					 development site shall be considered in aggregate whether or not the affected
					 areas are contiguous, however the calculation shall not include areas used for
					 (i) approved wastewater treatment systems, (ii) stormwater retrofit projects,
					 or (iii) infiltration devices for new development. Infiltration devices located
					 in areas that would otherwise be impacted by development activity shall be
					 considered in the calculation of land disturbance (eg. porous pavement,
					 infiltration chambers beneath a parking lot).
(26) Landscaped area means an area of
					 vegetation which has been actively maintained as a lawn, garden, hedge,
					 planting bed or rain garden.
(27)
					 Lawn means any non-crop land area that is covered by any grass species. Lawn or
					 non-agricultural turf does not mean flower or vegetable gardens, pasture,
					 hayland, trees, shrubs, turf grown on turf farms, or any form of agricultural
					 production.
(28) Mulch means a
					 natural or artificial layer of plant residue or other materials, such as sand
					 or paper, on the soil surface which reduces erosion, maintains soil moisture
					 and facilitates seed germination.
(29) Municipality means a town or village
					 located in whole or in part within the park.
(30) Nonpoint source means any source from
					 which pollutants are or may be discharged which is not a point
					 source.
(31) Offering plan means a
					 prospectus as required by section 352-e  of the General Business
					 Law.
(32) Peak flow means the
					 maximum instantaneous flow of water from a given condition at a specific
					 location.
(33) Point source means
					 any discernible, confined and discrete conveyance, including, but not limited
					 to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
					 container, rolling stock, concentrated animal feeding operation, vessel or
					 other floating craft, or landfill leachate collection system from which
					 pollutants are or may be discharged.
(34) Pollution means the condition caused by
					 the presence in the environment of substances of such character and in such
					 quantities that the quality of the environment is impaired or rendered
					 offensive to life.
(35) Pollution
					 source controls means the structures and practices used in reducing
					 contaminants from point and/or nonpoint sources.
(36) Porous pavement means an open graded
					 paving material which allows water to pass through it.
(37) Pre-development means those site
					 conditions which existed prior to the commencement of any activity regulated by
					 this Subpart.
(38) Project means
					 any land use or development activity proposed by an applicant which is subject
					 to this Subpart.
(39) Project life
					 means the anticipated or actual time a project will be used, utilized or remain
					 in functional existence.
(40)
					 Qualified stormwater professional is a person that is knowledgeable in the
					 principles and practices of stormwater management and treatment, such as a
					 licensed Professional Engineer, Registered Landscape Architect or other
					 commission endorsed individual(s). Individuals preparing stormwater design
					 plans must have an understanding of the principles of hydrology, water quality
					 management practice design, water quantity control design, and, in many cases,
					 the principles of hydraulics.
(41)
					 Rainfall intensity means the rate at which rain is falling at any given
					 instant, usually expressed in inches per hour.
(42) Rational method means a widely accepted
					 method for calculating stormwater runoff, volume and rates of flow for
					 stormwater shed areas up to twenty acres.
(43) Redevelopment means any activity which
					 alters a previously developed site.
(44) Residential firewood harvesting means
					 the removal and processing of trees to be used as a heating fuel source, with
					 such harvesting activity not to result in the removal of greater than five (5)
					 full cords of firewood during any calendar year; and further not to include the
					 sale or export of any firewood or wood products. Residential firewood
					 harvesting shall not include (a) the creation of a wood road, log landing, or
					 skid trail, (b) stump removal, brush removal, or grubbing, or (c) road
					 construction, excavation, land clearing or land disturbance for
					 development.
(45) Retention means
					 the practice of holding or directing stormwater except that portion evaporated
					 or bypassed in an emergency, in or to a given area so that all the stormwater
					 will be infiltrated into the subsoil.
(46) Retention pond means a recharge basin
					 which is designed to infiltrate all of the stormwater it receives and which
					 normally has no outflow.
(47)
					 Revegetation means the natural or artificial replacement of vegetation on a
					 project site to reduce erosion, decrease runoff, improve water quality and
					 improve aesthetic qualities of exposed soils.
(48) Runoff controls means those structures
					 and/or devices, including, but not limited to, dry wells, porous pavements,
					 ditches, wetlands, holding ponds, recharge areas, and retention/detention
					 basins which recharge groundwater and provide for peak flow
					 attenuation.
(49) Significant
					 habitat means that area or region important in fulfilling the daily or seasonal
					 habitat requirements of any species of plant or animal designated as
					 endangered, threatened, rare, or of special concern by the department pursuant
					 to Environmental Conservation Law, sections 11-0535 and 9-1503 and the
					 department's regulations thereunder, or by any individual species or any group
					 or natural community of nonlisted plants and animals of significant economic,
					 recreational, aesthetic, ecological or scientific importance.
(50) Siltation trap means a structure
					 designed to trap sand and silt sized particulate matter from
					 stormwater.
(51) Silviculture
					 activity means the practice of controlling the establishment, composition,
					 constitution, and growth of forests. Silvicultural activities include: site
					 preparation for forest regeneration; reforestation (including subsequent
					 cultural treatment); thinning; prescribed burning; pest and fire control;
					 harvesting operations; surface drainage; harvest related road/trail
					 construction and maintenance; and nursery operations. Tree removal in
					 preparation for development or other conversion to a non-forestry use is not
					 silviculture.
(52) Site. See
					 development area, paragraph (12) of this subdivision.
(53) Soil conservation plan means a document,
					 which identifies best management practices regarding erosion and sediment
					 controls to be employed for a proposed agricultural or silviculture activity.
					 The plan shall include such form(s) as may be provided by the Commission. The
					 plan shall include a scaled map of the project site depicting all waterbodies
					 onsite and within 35? of all areas to be disturbed, and all proposed land
					 disturbances including proposed stream crossings, agricultural fields, and
					 areas proposed for silviculture including logging roads and landings.
(54) Stormwater means water
					 produced by precipitation including snow melt which does not evaporate and
					 which flows over a natural or human-made surface or into a natural or
					 human-made channel.
(55) Stormwater
					 concept plan or SCP means a report prepared in accordance with section
					 646-4.8(b) 
					 of this Subpart by or on behalf of a project sponsor which includes analysis of
					 a site's environmental characteristics, potential impacts of the development on
					 water resources and the effectiveness and acceptability of the proposed
					 stormwater management system in order to determine the types of stormwater
					 measures necessary for the proposed development.
(56) Stormwater control measures means all
					 those natural and man-made structures, infiltration devices, erosion controls,
					 systems, facilities, agreements, institutional arrangements, and financial
					 provisions to manage stormwater including, but not limited to, any of the
					 following: dry wells, pits of crushed rock, infiltration trenches, retention
					 ponds, detention ponds, blind ditches, swales, pipes, culverts, natural
					 depressions, porous paving, recharge areas, and basins.
(57) Stormwater control report or SCR means a
					 report prepared in accordance with section
					 646-4.8(b) 
					 of this Subpart by or on behalf of a project sponsor which evaluates the
					 quantity and quality of stormwater runoff resulting from the proposed project.
					 The report shall include a set of drawings and other documents to provide all
					 the necessary information and specifications pertaining to stormwater
					 management and associated pollution control for a particular site. The SCR is
					 intended to implement the SCP.
(58)
					 Stormwater design plan means the written narrative, maps, and diagrams prepared
					 for the purpose of runoff control on a specific development site, based upon
					 survey and analysis of the site.
(59) Stormwater management means:
(i) for quantitative control, a system of
					 vegetative and structural measures that control the increased volume and rate
					 of surface runoff caused by human-made changes to the land; and
(ii) for qualitative control, a system of
					 vegetative, structural and other measures that reduce or eliminate pollutants
					 that might otherwise be carried by surface run-off.
(60) Stormwater management maintenance
					 agreement means an agreement between the project sponsor and some other entity
					 to ensure adequate maintenance and repair of the stormwater management system
					 over the life of the project.
(61)
					 Stormwater management plan or plan means a local stormwater management plan
					 adopted by a municipality pursuant to this Subpart and Environmental
					 Conservation Law, section 43-0112.
(62) Stormwater recharge area means an area
					 of land used for the purpose of infiltrating stormwater.
(63) Stormwater regulatory program or program
					 means a local stormwater regulatory control program adopted by a municipality
					 pursuant to this Subpart and Environmental Conservation Law, section
					 43-0112.
(64) Stormwater retrofit
					 project is an activity undertaken for the purpose of reducing stormwater runoff
					 volume, velocity, and/or pollutants generated from predevelopment conditions,
					 and which is undertaken or approved by the municipality in which the project is
					 located, the county Soil and Water Conservation District, the Commission, or an
					 entity approved by the Commission.
(65) Stormwater runoff means any surface
					 water runoff or runoff in channels which results directly either from a
					 rainstorm or from the melting of snowpack.
(66) Subcatchment means an identifiable
					 drainage area contained within a larger watershed or drainage area.
(67) Subdivision means a division of any land
					 into two or more lots, parcels or sites, whether the new lots are adjoining or
					 not, for the purpose of sale, lease, license or any form of separate ownership
					 or occupancy by any person, including the conveyance of lands in common
					 ownership which are divided only by a road or utility right-of-way. Creation of
					 a condominium or townhouse project shall be considered a subdivision. This
					 definition shall not apply to conveyances of small parcels of land to correct a
					 boundary of a lot, so long as such conveyance does not create additional
					 lots.
(68) Surface water runoff
					 means water which flows over the land and does not percolate into the soil, and
					 which may run off as a sheet, rill or stream flow.
(69) Time of concentration means the time
					 required for water to flow from the most remote point of a watershed, in a
					 hydraulic sense, to the outlet.
(70) Water body means any lake, pond, river,
					 stream, intermittent stream or wetland.
(71) Water table means the upper surface or
					 top of the saturated portion of the soil or bedrock layer, indicating the upper
					 extent of groundwater.
(72)
					 Watershed means the total drainage area contributing runoff to a single
					 point.
(73) Wetland means an area
					 designated as a freshwater wetland by the New York State Adirondack Park
					 Agency.