§ 18-39 Stormwater Pollution Prevention Plans and Impervious Surfaces.
RCNY § 18-39
(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) shall not apply to the following activities: (i) Construction of a new individual residence, which shall comply with paragraph (5) of this subdivision; (ii) Non-commercial ancillary improvements or additions to an individual residence; (iii) Construction of an impervious surface for a driveway serving an individual residence constructed or having obtained all discretionary approvals necessary for construction prior to March 1, 2010; (iv) Construction of an impervious surface for a driveway serving an individual residence that obtains all discretionary approvals necessary for construction on or after March 1, 2010, which shall comply with paragraph (5) of this subdivision; (v) Agricultural activities; (vi) 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; (vii) Creation of an impervious surface made necessary by the construction of a wastewater treatment plant or alteration or modification of a wastewater treatment plant approved by the Department; (viii) 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 (ix) 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) 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) 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 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, institutional, municipal, industrial, or multi-family residential facility, provided that the total area of all expanded impervious surfaces, including all impervious surfaces allowed under this provision after May 1, 1997, does not exceed 25 percent of the area of the existing impervious surface at that commercial, institutional, municipal, industrial, or multi-family residential 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 and of impervious surfaces for driveways serving individual residences that obtain all discretionary approvals necessary for construction on or after March 1, 2010: (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 paragraph (a)(5)(ii)(b) of this subdivision, 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; (iv) Construction of an impervious surface for a driveway serving an individual residence that obtains all discretionary approvals necessary for construction on or after March 1, 2010 within the limiting distance of 300 feet of a reservoir, reservoir stem, or controlled lake is prohibited; (v) Construction of an impervious surface for a driveway to serve an individual residence that obtains all discretionary approvals necessary for construction on or after March 1, 2010, within the limiting distance of 100 feet of a perennial stream or within the limiting distance of 50 feet of an intermittent 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 the widening of an existing road: (i) Construction of an impervious surface for a new road 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. 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 for the entire impervious surface. An access road constructed pursuant to this paragraph shall be constructed as far as practicable from all watercourses and wetlands, as determined by the Department.
(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)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 15 RCNY § 18-82. Such designated village center shall comply with the requirements of this paragraph with regard to the construction of impervious surfaces.
(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).
(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 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).
(b)Stormwater pollution prevention plans.
(c)Additional Requirements for Stormwater Pollution Prevention Plans.
(i)If such proposed activity causes or contributes to the contravention of the coliform standard set forth in 15 RCNY § 18-48(b)(1), the stormwater pollution prevention plan shall not be approved by the Department, unless the measures required by the stormwater pollution prevention plan in conjunction with any other controls to be imposed that limit future land disturbance at the site, including but not limited to property easements, restrictive covenants, zoning laws and development by-laws, will prevent the contribution of additional coliform.
(d)Application requirements and procedures.
(e)Individual residential stormwater permits.
