New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.9 - Stormwater pollution prevention plans and impervious surfaces

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Impervious
					 surfaces.
(1) The construction of an
					 impervious surface within the limiting distance of 100 feet of a watercourse or
					 wetland, or within the limiting distance of 300 feet of a reservoir, reservoir
					 stem, or controlled lake, is prohibited.
(2) Paragraph (1) of this subdivision shall
					 not apply to the following activities:
(i)
					 construction of a new individual residence, which shall comply with paragraph
					 (5) of this subdivision, or non-commercial ancillary improvements or additions
					 to an individual residence;
(ii)
					 agricultural activities;
(iii)
					 construction of bridges or crossings of watercourses or wetlands constructed
					 pursuant to a valid permit from the appropriate regulatory agencies. If a
					 permit from a regulatory agency other than the department is not required, the
					 applicant shall comply with paragraph (9) of this subdivision;
(iv) creation of an impervious surface to
					 alter or modify a wastewater treatment plant approved by the
					 department;
(v) creation of an
					 impervious surface that is made necessary by the construction of a new facility
					 or alteration or modification of an existing facility used in connection with
					 the operation of a public water supply system; or
(vi) creation of an impervious surface, such
					 as a culvert, needed as an integral component of diversion or piping of a
					 watercourse, but only with the review and approval of the department and only
					 if the department determines that such impervious surface will not have an
					 adverse impact on water quality.
(3) Paragraph (1) of this subdivision shall
					 not apply to creation of an impervious surface in the west of Hudson watershed
					 within a village, hamlet, village extension, or area zoned for commercial or
					 industrial uses, which complies with paragraph (8) of this subdivision or to
					 the creation of an impervious surface in the east of Hudson watershed within a
					 designated main street area, which complies with paragraph (11) of this
					 subdivision.
(4) Paragraph (1) of
					 this subdivision shall not apply to the creation of an impervious surface in
					 connection with the following activities occurring in the east of Hudson
					 watershed outside a designated main street area or in the west of Hudson
					 watershed outside a village, hamlet, village extension, or an area zoned for
					 commercial or industrial uses:
(i)
					 construction of a new road or driveway, or widening of an existing road, which
					 shall comply with paragraph (6) of this subdivision;
(ii) creation of an impervious surface within
					 a designated village center, which shall comply with paragraph (7) of this
					 subdivision; or
(iii) expansion of
					 an existing impervious surface within the limiting distance of 100 feet of a
					 watercourse or wetland, at an existing commercial or industrial facility,
					 provided that the total area of all expanded impervious surfaces does not
					 exceed 25 percent of the area of the existing impervious surface at that
					 commercial or industrial facility, which shall comply with subdivisions (b),
					 (c) and (d) of this section.
(5) The following requirements are applicable
					 to construction of a new individual residence:
(i) whether or not a new individual residence
					 will be located in a subdivision, construction of a new individual residence
					 within the limiting distance of 300 feet of a reservoir, reservoir stem, or
					 controlled lake is prohibited;
(ii)
					 construction of a new individual residence in a subdivision within the limiting
					 distance of 100 feet of a watercourse or wetland is prohibited where:
(a) the subdivision plat received preliminary
					 approval on or after October 16, 1995; or
(b) the subdivision plat received preliminary
					 approval before October 16, 1995, the person who owned the subdivision on
					 October 16, 1995 was the same person, or a principal or affiliate of the
					 person, who owned the subdivision at the time the subdivision plat received
					 preliminary approval, and construction activity related to infrastructure
					 improvements for the subdivision had not begun as of October 16,
					 1995;
(iii) construction
					 of a new individual residence not in a subdivision, or in a subdivision
					 approved before October 16, 1995 and not prohibited by clause (ii)(b) of this
					 paragraph, within the limiting distance of 100 feet of a perennial stream or
					 wetland requires an individual residential stormwater permit from the
					 department, pursuant to subdivision (e) of this section.
(6) The following requirements are applicable
					 to construction of an impervious surface for a new road or driveway or the
					 widening of an existing road:
(i)
					 Construction of an impervious surface for a new road or driveway within the
					 limiting distance of 300 feet of a reservoir, reservoir stem or controlled lake
					 is prohibited, except paving an existing dirt or gravel road is permitted.
					 Construction of a new impervious surface by paving an existing dirt or gravel
					 road requires a Stormwater Pollution Prevention Plan which complies with
					 subdivisions (b), (c) and (d) of this section.
(ii) Construction of an impervious surface
					 for a new road within the limiting distance of 50 feet of an intermittent
					 stream or wetland, or within the limiting distance of 100 feet of a perennial
					 stream is prohibited, except for paving an existing dirt or gravel road or
					 where necessary to provide an access road to two or more parcels or to a
					 subdivision. Construction of an impervious surface for paving such existing
					 dirt or gravel road or for such a new access road requires a Stormwater
					 Pollution Prevention Plan which complies with the requirements of subdivisions
					 (b), (c) and (d) of this section. Any access road constructed pursuant to this
					 paragraph shall be constructed as far as practicable from all watercourses and
					 wetlands.
(iii) Construction of an
					 impervious surface for a new road between the limiting distances of 50 feet and
					 100 feet of an intermittent stream or wetland requires a Stormwater Pollution
					 Prevention Plan which complies with the requirements of subdivisions (b), (c)
					 and (d) of this section.
(iv)
					 Construction of an impervious surface for a driveway within the limiting
					 distance of 50 feet of an intermittent stream or wetland, or within the
					 limiting distance of 100 feet of a perennial stream is prohibited except where
					 necessary to provide access to an existing home or a new individual residence
					 allowed to be constructed within such limiting distances pursuant to paragraph
					 (5) of this subdivision. If construction of the individual residence served by
					 the driveway would require a Stormwater Pollution Prevention Plan or an
					 individual residential stormwater permit, construction of the impervious
					 surface for the driveway shall also require a Stormwater Pollution Prevention
					 Plan or an individual residential stormwater permit, respectively.
(v) Widening of an existing road located
					 within the limiting distance of 50 feet of an intermittent stream or wetland,
					 within the limiting distance of 100 feet of a perennial stream, or within the
					 limiting distance of 300 feet of a reservoir, reservoir stem or controlled lake
					 shall be performed on the side of such existing road furthest from the
					 watercourse, wetland, reservoir, reservoir stem or controlled lake, to the
					 extent practical.
(7)
					 The following requirements are applicable to creation of an impervious surface
					 within a designated village center:
(i) A
					 local government in the Croton System may delineate an area within the local
					 government's boundaries to be a designated village center in a Comprehensive
					 Croton Water Quality Protection Plan prepared and agreed to in accordance with
					 section
					 128-8.2 
					 of this Part. Such designated village center shall comply with the requirements
					 of this paragraph with regard to the construction of impervious
					 surfaces.
(ii) Within a designated
					 village center the construction of a new impervious surface within the limiting
					 distance of 100 feet of a watercourse or wetland, or within the limiting
					 distance of 300 feet of a reservoir, reservoir stem, or controlled lake
					 requires the review and approval of the department. An approval issued by the
					 department pursuant to this subparagraph shall contain a determination by the
					 department that there is no reasonable alternative to the creation of the
					 proposed new impervious surface within the applicable limiting distance and
					 that the best available measures have been taken to prevent adverse impacts on
					 the quality of the drinking water supply.
(8) The following requirements are applicable
					 to creation of an impervious surface in the west of Hudson watershed within a
					 village, hamlet, village extension or area zoned for commercial or industrial
					 uses:
(i) Creation of any new impervious
					 surface within the limiting distance of 100 feet of a watercourse or wetland,
					 or within the limiting distance of 300 feet of a reservoir, reservoir stem or
					 controlled lake, within a village, hamlet, village extension or area zoned for
					 commercial or industrial uses as of the effective date of these rules and
					 regulations, requires a Stormwater Pollution Prevention Plan which complies
					 with the requirements of subdivisions (b), (c) and (d) of this section, except
					 that the foregoing requirements of this subparagraph shall not apply to the
					 creation of a new impervious surface for an activity set forth in paragraph (2)
					 of this subdivision which complies with the provisions of paragraph (2) of this
					 subdivision.
(ii) If a local
					 government in the west of Hudson watershed adopts a zoning ordinance
					 designating additional areas for commercial or industrial use after the
					 effective date of these rules and regulations, it may apply to the department
					 to allow construction of new impervious surfaces in the newly zoned commercial
					 or industrial areas located within the limiting distance of 100 feet of a
					 watercourse or wetland, or within the limiting distance of 300 feet of a
					 reservoir, reservoir stem, or controlled lake. The department shall approve
					 such application if the department determines that allowing new impervious
					 surfaces in such newly zoned commercial or industrial area is consistent with
					 the objectives of these rules and regulations and with previously approved
					 zoning ordinances. If approved by the department, creation of new impervious
					 surfaces within such newly zoned commercial or industrial areas within the
					 aforesaid limiting distances shall be allowed subject to the requirements of
					 subparagraph (i) of this paragraph.
(9) Construction of a bridge or crossing of a
					 watercourse or wetland which does not require a permit from a regulatory agency
					 other than the department shall require the review and approval of the
					 department. Such bridge or crossing shall be constructed to prevent adverse
					 impacts on the quality of the water supply.
(10) Maintenance of an existing impervious
					 surface that is a noncomplying regulated activity shall not require the review
					 and approval of the department.
(11) The following requirements are
					 applicable to creation of an impervious surface in the east of Hudson watershed
					 within a designated main street area:
(i)
					 Creation of any new impervious surface within a designated main street area
					 requires a Stormwater Pollution Prevention Plan which complies with the
					 requirements of subdivisions (b), (c), and (d) of this section, except that the
					 foregoing requirements of this subparagraph shall not apply to the creation of
					 a new impervious surface for an activity set forth in paragraph (2) of this
					 subdivision which complies with the provisions of paragraph (2) of this
					 subdivision.
(ii) Within 30 days of
					 the effective date of these rules and regulations, a local government may
					 define by metes and bounds, tax maps or other geographic boundaries a proposed
					 designated main street area within its boundaries, and apply to the department
					 for approval of such proposal. Within 30 days of such application the
					 department may approve, disapprove, or approve with modifications, such
					 designated main street area. If the department disapproves the application, the
					 local government shall have an additional 30 days in which to submit a revised
					 application for approval of the proposed designated main street area, and the
					 department shall approve or disapprove the application within 30 days of
					 receipt of such revised application. The department will approve only a limited
					 number of designated main street areas and local governments may not designate
					 all areas of population concentrations in the east of Hudson watershed as
					 designated main street areas. The approved boundary description of a designated
					 main street area shall be made available by the department for public
					 inspection at its field offices in the east of Hudson watershed.