N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-4.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 646-4.4 - Definitions

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-4.4

Amended New York State Register March 17, 2021/Volume XLIII, Issue 11, eff. 3/17/2021