Chapter 124
STORMWATER
MANAGEMENT, EROSION
AND SEDIMENT
CONTROL LAW
ARTICLE I
General
Provisions
§ 124-1. Title.
§ 124-2. Findings of Fact.
§ 124-3. Purpose.
§ 124-4. Statutory
Authority.
§ 124-5. Definitions.
§ 124-6. Applicability.
§ 124-7. Exemptions.
§ 124-8. Administration.
§ 124-9. Severability.
ARTICLE II
Stormwater
Control
§ 124-10. Performance and Design Criteria.
§ 124-11. Stormwater Pollution Prevention Plans
(SWPPP).
§ 124-12. Maintenance, Inspection and Repair of
Stormwater Facilities.
ARTICLE III
Administration
and Enforcement
§ 124-13. Construction Inspection.
§ 124-14. Performance Guarantee.
§ 124-15. Enforcement and Penalties.
§ 124-16. Fees for Service.
ARTICLE IV
Prior Laws
§ 124-17. Prior Laws or Regulations.
[HISTORY: Adopted by the Board of Trustees of the
General
Provisions
§ 124-1. Title.
This chapter may be referred to and cited as the “
§ 124-2. Findings of Fact.
The
B.
Improperly
managed stormwater runoff can increase the incidence of flooding and the level
of floods that occur, endangering property and human life.
C.
Construction
involving land clearing and the alteration of natural topography, particularly
near a watercourse, wetland, or on steep slopes, increases erosion and leads to
siltation of water bodies, decreasing their capacity to hold and transport
water, damaging public and private property, and harming flora and fauna.
D.
Sediment from
soil erosion can spill onto roads, making them less safe, and can clog catch
basins, storm sewers, and ditches, resulting in increased maintenance expense
for the
E.
Clearing and
grading during construction can result in loss of valuable topsoil and loss of
native and other vegetation necessary for terrestrial and aquatic habitat.
F. Loss of wetlands from land development leads to the significant loss of
water quality and quantity control functions. Any decrease in wetlands reduces
hydrologic absorption, storage capacity, biological and chemical oxidation
sites, sedimentation and filtering functions of wetland areas.
G.
Stormwater runoff
from developed areas can carry significant quantities of water-borne pollutants
into surface waters and groundwater, degrading water bodies, affecting public
and private water supplies and recreational uses, and degrading terrestrial and
aquatic habitats. Nutrients in runoff,
such as phosphorous and nitrogen, accelerate eutrophication of receiving
waters.
H.
The southern end
of Cayuga Lake, which ultimately receives drainage from much of the land area
in
I.
Increasing
impervious surfaces increases the volume and rate of stormwater runoff and
allows less water to percolate into the soil, thereby decreasing groundwater
recharge and stream base flow.
Stormwater management practices that improve infiltration are desirable
to mitigate this effect.
J.
Substantial
economic losses can result from these adverse impacts on community waters.
K.
Stormwater
runoff, soil erosion, and non-point source pollution can be controlled and
minimized through the regulation of stormwater runoff quantity and quality from
new land development and redevelopment activities, through the use of both
structural and nonstructural practices.
L.
Non-structural or
better site design practices can help to control stormwater runoff by
protecting or mimicking natural hydrologic functions of a site, and often are
less expensive and may require less maintenance than structural practices.
Regulation of land development activities by means of
performance standards governing stormwater management and site design will
produce development compatible with the natural functions of a particular site
or an entire watershed and thereby mitigate the adverse effects of erosion,
sedimentation, and runoff from development.
Such regulation is in the public interest and will minimize threats to
public health and safety.
§ 124-3. Purpose.
The
purpose of this chapter is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health, safety,
and welfare of the public residing within the Village and to address the
findings of fact in Section 124-2 hereof.
This chapter seeks to meet those purposes by achieving the following
objectives:
B.
Require land
development activities to conform to the substantive requirements of the NYS
Department of Environmental Conservation State Pollutant Discharge Elimination
System (SPDES) General Permit for Construction Activities GP-02-01, or the
General Permit then in effect.
C.
Minimize
increases in the magnitude, rate, and frequency of stormwater runoff between
pre-development and post-development conditions so as to prevent an increase in
flood flows and in the hazards and costs associated with flooding.
D.
Where increases
occur, restrict stormwater runoff entering and leaving development sites to
non-erosive velocities.
E.
Minimize the
accumulation, and facilitate the removal of pollutants in stormwater runoff so
as to perpetuate the natural biological and recreational functions of streams,
water bodies, and wetlands.
F.
Reduce the need
for costly maintenance and repairs to roads, embankments, ditches, streams,
lakes, ponds, wetlands, and stormwater control facilities resulting from
inadequate control of soil erosion and stormwater runoff.
G.
Reduce the
detrimental impacts of stormwater flows on adjacent properties and downstream
communities.
H.
Prevent accelerated
soil erosion and sedimentation so as to avoid its deposit in streams and other
receiving water bodies.
I.
Assure soil
erosion control and stormwater runoff control systems are incorporated into
site planning at an early stage.
J.
Maintain the
integrity of local drainage systems, particularly natural systems, so as to
sustain their hydrologic functions.
K.
Encourage
groundwater recharge so as to maintain stream base flows, aquatic life, and
adequate water supplies.
L.
Enhance, to the
extent possible, secondary community benefits (such as open space protection
and increased recreational opportunity) derived from stormwater management
planning and facilities.
M.
Maintain the
integrity of stream flow in such a way as to perpetuate natural communities,
food chains and recreational opportunities.
N.
Establish
provisions for the long-term responsibility for and maintenance of structural
stormwater control facilities and nonstructural stormwater management practices
to ensure that they continue to function as designed, are maintained, and pose
no threat to public safety.
O.
Establish
provisions to ensure there is an adequate funding mechanism, including
financial surety, for the proper review, inspection and long-term maintenance
of stormwater facilities implemented as part of this chapter.
P.
Establish
administrative procedures for the submission, review, approval or disapproval
of stormwater management plans, and for the inspection of approved active
development projects, and long-term follow up on post-construction stormwater
management practices.
§ 124-4. Statutory
Authority.
In
accordance with Article 2, Section 10 of the Municipal Home Rule Law of the
State of New York, the Board of Trustees of the Village of Lansing has the
authority to enact local laws and amend local laws for the purpose of promoting
the health, safety or general welfare of the Village of Lansing and for the
protection and enhancement of its physical environment. Such local law may provide for the
appointment of any municipal officer, employees, or independent contractor to
administer and enforce such local law.
§ 124-5. Definitions.
The
terms used in this chapter or in documents prepared or reviewed under this chapter
shall have the meanings as set forth in this section.
Adverse impact
-- A negative impact on land or waters resulting from a land development
activity. The negative impact may
include impairment to human or natural uses (such as increased risk of
flooding, degradation of water quality, sedimentation, reduced groundwater
recharge, impaired recreational use, impacts on aquatic organisms or other
resources, or threats to public health).
Area of disturbance -- The total land area subject to Land Development Activity, as defined
below. If activities are part of a
larger common plan of development or sale, total Area of Disturbance is
calculated for the entire project, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
Agricultural activity -- The 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.
Applicant --
A property owner or agent of a property owner who has filed an application for
a land development activity.
Basic SWPPP -- A Stormwater Pollution Prevention Plan
(SWPPP) that includes all requirements for erosion and sediment control, but
does not require post construction water quality and quantity controls.
Best usages -- The
protected uses identified for each class of waters of
Borrow area -- An area from which soil, sand, gravel,
or other similar material is excavated.
Building -- Any structure designed for the shelter and
enclosure of human activities, or the storage or warehousing of goods,
machinery or materials. This definition
includes in-ground and above-ground swimming pools greater than two hundred
(200) square feet in area and twenty-four (24) inches or more deep; swimming
pools less than twenty-four (24) inches deep are not regulated by this Law, and
swimming pools twenty-four (24) inches or more deep but two hundred (200)
square feet or less in area shall be regulated as accessory buildings.
Certified inspector --
A Certified Erosion, Sediment, and Stormwater Inspector (CESSWI), in accordance
with the procedures of the certifier, CPESC, Inc., or whose qualifications are
approved by DEC or the Village Board.
Certified professional -- A Certified Professional in Erosion and Sediment
Control (CPESC) or Certified Professional in Stormwater Quality (CPSWQ), as
appropriate for the task at hand, in accordance with the procedures of the
certifier, CPESC, Inc., or whose qualifications are approved by DEC or the
Village Board.
Channel -- A
natural or artificial watercourse with a definite bed and banks that conducts
continuously or periodically flowing water.
Clearing
--Any activity that removes the vegetative surface cover.
Common plan of development or sale -- A plan, undertaken by a single project site owner or a
group of project site owners acting in concert, to offer lots for sale or
lease; where such land is contiguous, or is known, designated, purchased or
advertised as a common unit or by a common name. The term also includes phased construction
activity by a single entity for its own use.
For discrete construction projects that are located within a larger
common plan of development or sale that are at least ¼ mile apart, each project
can be treated as a separate plan of development or sale provided any interconnecting
road, pipeline or utility project that is part of the same “common plan” is not
concurrently being disturbed.
Concentrated flow -- Runoff that accumulates or converges into well-defined channels,
whether man-made or formed naturally by erosion. The opposite of concentrated flow is sheet
flow, where flowing water is distributed evenly over the ground surface. Over distance on natural surfaces, sheet flow
tends to become concentrated flow due to erosion. To convert concentrated flow into sheet flow,
use of an engineered structure, such as a flow spreader, is generally required.
Connected impervious surface -- The total area of impervious surface in a project
(such as paved areas and rooftops) that will drain directly, via impervious
conveyance (such as gutters, pipes, or paved or compacted channels or ditches),
to the municipal separate storm sewer system (whether a road ditch or storm
sewer) or to a surface water. Also see
definition of “Disconnected impervious area”.
Dedication
-- The deliberate appropriation of property by its owner for general public
use.
DEC -- The
New York State Department of Environmental Conservation.
Design manual -- The 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.
Detention --
Temporary storage of stormwater runoff.
Developer --
A person undertaking land development activity, or for whose benefit land
development activities are carried out.
Development -- To make a site or area available for use by physical
alteration. Development includes but is
not limited to providing access to a site, clearing of vegetation, grading,
earth moving, excavating, providing utilities and other services such as
parking facilities, stormwater management and erosion control systems, altering
landforms, or constructing a structure on the land.
Disconnected
impervious area -- Impervious area
that is not directly connected to a stream or drainage system, but which
directs runoff towards pervious areas where it can infiltrate, be filtered, and
slowed down. See DEC’s document “The Use
and Implementation of Stormwater Credits”, for more detailed guidelines.
Drainage Area -- A geographic area within which stormwater, sediments, or dissolved
materials drain to a particular receiving water body or to a particular point
along a receiving water body.
EPA --
Environmental Protection Agency.
Erosion Control Manual -- The most recent version of the “New York Standards
and Specifications for Erosion and Sediment Control” manual, commonly know as
the “Blue Book”.
Final stabilization -- When all soil-disturbing activities at the site have
been completed and a uniform, perennial vegetative cover with a density of
eighty (80) percent has been established or equivalent stabilization measures
(such as the use of mulches or geotextiles) have been employed on all unpaved
areas and areas not covered by permanent structures.
Floodplain --
The area of land that is inundated when flow exceeds the capacity of the normal
channel.
Flood -- A
flow event where the capacity of the channel is exceeded.
Full SWPPP -- A
Stormwater Pollution Prevention Plan that includes all requirements for erosion
and sediment control, and also post construction water quality and quantity
controls.
Grading -- Any
excavating, filling, or stockpiling, including resulting conditions thereof.
High pollutant loading areas -- Areas in industrial and commercial developments where
solvents or petroleum products are loaded/unloaded, stored, or applied; areas
where pesticides are loaded/unloaded or stored; areas where hazardous materials
are expected to be present in greater than “reportable quantities” as defined
by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; and
areas with high risks for spills of toxic materials, such as gas stations and
vehicle maintenance facilities.
Hydric soil -- A
soil that formed under conditions of saturation, flooding, or ponding long
enough during the growing season to develop anaerobic conditions in the upper
part. The Natural Resources Conservation
Service (NRCS) maintains a list of criteria for the designation of hydric
soils, and the US Army Corps of Engineers Wetland Delineation Manual, Technical
Report Y-87-1 (Environmental Laboratory, 1987) contains further detail on field
indicators of hydric soils.
Impervious Area -- Those surfaces, improvements, and structures (such as but not limited
to pavement, sidewalks, patios, terraces, decks, rooftops, tennis courts, and
swimming pools) that cannot effectively absorb rainfall, snowmelt, and water.
Industrial stormwater permit -- A State Pollution Discharge Elimination System permit
issued to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges or specifies
on-site pollution control strategies.
Infiltration --
The process of stormwater percolating into the subsoil.
Land
Development Activity -- All activities including clearing, grubbing,
grading, excavating, stockpiling, placement of fill, paving, installation of
utilities, and construction of buildings or structures that result in soil
disturbance.
Landowner
(Owner, or Property Owner) -- The legal or equitable owner of land, including
those holding the right to purchase or lease the land, or any other person
holding proprietary rights in the land.
Licensed professional --
A licensed professional engineer or licensed landscape architect who is
knowledgeable in the principles and practices of erosion and sediment control
and stormwater management.
Maintenance Agreement -- a legally recorded document that acts as a
property deed restriction, and which requires
long-term maintenance of stormwater management practices.
Nonpoint Source Pollution -- Pollution from any source other than from any
discernible, confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, forestry, mining, construction,
subsurface disposal and urban runoff sources.
Operator --
The person having operational control over the construction plans and
specifications for a project and/or responsibility for day-to-day supervision
and control of the activities occurring at a construction site, and/or
responsibility for long term maintenance of a stormwater management facility.
Person -- Shall
include an individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or any other
legal or commercial entity of any kind or description, and acting as either the
owner or the owner’s agent.
Phasing --
Land Development Activity completed in distinctly separate parts, with the
stabilization of each piece completed before the clearing of the next.
Pollutant of Concern -- Sediment or a water quality measurement that
addresses a sediment (such as total suspended solids, turbidity or siltation)
and any other pollutant that has been identified as a cause of impairment of
any water body that will receive a discharge from the land development
activity.
Project -- Land development activity.
Project Site
-- The portion of a parcel (or
parcels) on which land development activity will occur.
Qualified
Professional -- A person knowledgeable in the principles and
practices of erosion and sediment control and stormwater management, such as a
licensed professional engineer, licensed landscape architect, or certified
professional (as defined herein).
Recharge --
The replenishment of underground water reserves.
Redevelopment -- Reconstruction or modification to any existing previously developed
land such as residential, commercial, industrial, institutional or
road/highway, which involves soil disturbance. Redevelopment is distinguished
from development or new development in that new development refers to
construction on land where there had not been previous construction.
Redevelopment specifically applies to constructed areas with impervious
surface.
Retention --
A practice designed to collect and store stormwater runoff without release
except by means of evaporation, infiltration, or attenuated release when runoff
volume exceeds the permanent storage capacity of the permanent pool or tank.
Sediment control
-- Measures that prevent eroded
sediment from leaving the site.
Sensitive areas
-- Cold water fisheries,
swimming beaches, groundwater recharge areas, water supply reservoirs, habitats
for threatened, endangered or special concern species, wetlands, and Unique
Natural Areas.
Silvicultural
activity -- The on-going practice
involving the dedicated and cyclic use of land expressly for the periodic
production of timber. For example, clear-cutting is not considered an exempt
silvicultural activity.
Simple SWPPP --
A Stormwater Pollution Prevention Plan that includes an erosion and sediment
control plan appropriate for small areas of disturbance.
Slope(s) --
In this law, generally described as percent slope, which is calculated as rise
over run (vertical change in elevation between two representative points on the
site divided by horizontal distance between the same two points) and multiplied
by 100. For example, a 5% slope is a
rise of 5 feet over a horizontal distance of 100 feet. Percent slope may be calculated by observing
contour lines on a map, or by use of survey equipment. Slope can also be expressed in degrees, as in
angle degrees, ranging from 0 to 90 degrees (which would be a vertical
cliff). To convert from degrees slope to
percent slope, take the tangent of the slope in degrees, and multiply by
100.
Sole source aquifer -- Under the federal Safe Drinking Water Act (42
U.S.C. §300h-3(e)), the Administrator of the EPA may determine that an
underground water supply is the sole or principal source of drinking water for
an area that, "if contaminated, would create a significant hazard to
public health." If such a
determination is made, the Administrator may designate the aquifer as a Sole
Source Aquifer. Such designation may be
initiated by a petition. There are
currently no Sole Source Aquifers in Dryden.
The Stormwater Design Manual contains a map of Sole Source Aquifers in
Source Material
-- Any material(s) or machinery, which is directly or indirectly related to
process, manufacturing, or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater. Source
materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial machinery;
and fuels, and lubricants, solvents, and detergents that are related to
process, manufacturing, or other industrial activities that are exposed to
stormwater.
SPDES general permit for construction activities
GP-02-01 -- A 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 systems GP-02-02 -- A 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 to specify stormwater control standards.
Stabilization -- The use of practices that prevent exposed soil from eroding.
Stop Work Order
-- An order issued which requires that some or all construction activity on a
site be stopped.
Stormwater --
Rainwater, surface runoff, snowmelt and drainage.
Stormwater hotspot -- A land use or activity that generates higher concentrations of
hydrocarbons, trace metals, or toxicants than are found in typical stormwater
runoff, based on monitoring studies. See
the Stormwater Design Manual for details and a list of land uses designated as
hotspots for the State of
Stormwater management -- The use of structural or non-structural practices
that are designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources, and the environment.
Stormwater management facility -- One or a series of stormwater management practices
installed, stabilized and operating for the purpose of controlling stormwater
runoff.
Stormwater
management officer (SMO) -- An
employee or officer designated by the Village Board to accept and review
stormwater pollution prevention plans, forward the plans to the applicable
board, issue permits and approvals, and inspect and enforce stormwater
management practices.
Stormwater
management practices (SMPs) -- Measures,
either structural or nonstructural, that are determined to be the most
effective, practical means of preventing flood damage and preventing or
reducing point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
Stormwater pollution prevention plan (SWPPP) – A plan for controlling stormwater runoff and
pollutants from a site during and after construction activities.
Stormwater Runoff -- Flow through or on the ground surface resulting from precipitation.
Stream Corridor -- The landscape features on both sides of a stream, including soils,
slopes, and vegetation, whose alteration can directly impact the stream's
physical characteristics and biological properties.
Surface Waters of the State of New York -- Lakes, 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 manmade 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.
Swale -- Low-lying
vegetated area with gradual slopes which transports stormwater, either on-site
or off-site.
Time of Concentration -- The time required for storm runoff to flow from
the most remote point, in flow time, of a drainage area to the outlet.
Unique Natural Area -- Those areas included in the Unique Natural Areas
Inventory of Tompkins County.
Watercourse --
A natural or human-made waterway, drainage way, drain, river, stream, diversion,
ditch, gully, swale, or ravine having banks, a bed, and a definite direction
with continuous or intermittent flow.
Watershed --Total
drainage area contributing runoff to a given point along a watercourse.
Waterway --
A channel that directs surface runoff to a watercourse or to the public storm
drain.
Wetland -- Any
area which meets one or more of the following criteria:
A.
Lands
and waters that meet the definition provided in New York State Environmental
Conservation Law, Article 24, "Freshwater Wetlands Act.” The approximate
boundaries of such lands and waters are indicated on the official wetlands map
promulgated by the Commissioner of the New York State Department of
Environmental Conservation, or as amended and updated.
B.
Areas
which meet the definition used by the US Army Corps of Engineers and US
Environmental Protection Agency: “Areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas.”
Wetland Delineation -- The process of
determining the boundaries of a wetland in the field, as described in the US
Army Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1.
§ 124-6. Applicability.
A. This chapter
applies to all land development activities and redevelopment activities that
exceed any one of the thresholds below, unless exempt pursuant to Section 7
below. No person may undertake a land
development activity without first meeting the requirements of this law.
B. This law
defines three levels of applicability.
Depending on the area of disturbance and other criteria listed below, land
development activities will require either:
1. a Full SWPPP
(Stormwater Pollution Prevention Plan) with both erosion and sediment control
and post construction water quality and quantity controls;
2. a Basic
SWPPP with erosion and sediment control, or
3. a Simple
SWPPP, with a generic small site erosion and sediment control plan.
C. Any of the
following activities require a Full SWPPP with Erosion and Sediment Control and
Post Construction Water Quality and Quantity Controls:
1. Any land
development activity with an area of disturbance greater than or equal to one
acre that will discharge a pollutant of concern to either an impaired water
identified on the New York State 303(d) list of impaired waters or a Total
Maximum Daily Load (TMDL) designated watershed for which pollutants in
stormwater have been identified as the source of the impairment;
2. Any land
development activity with an area of disturbance greater than or equal to 5
acres;
3. Any land
development activity, exclusive of the construction of single family residences
and construction activities at agricultural properties, with an area of
disturbance greater than or equal to 1 acre;
4. Any land
development activity that will create ½ acre or more of connected impervious
surface;
5. Any land
development activity that is part of a common plan of development or sale which
in total exceeds any of the above thresholds;
6. Any land
development activity, regardless of size, that the Village Stormwater
Management Officer determines likely to cause an adverse impact due to
post-construction water quality or quantity, according to criteria of slope,
soil characteristics, layout of impervious surfaces, potential for pollutant
generation on-site, proximity to a sensitive area, or proximity to a stormwater
structure or facility.
D. Any of the following activities require a
Basic SWPPP with Erosion and Sediment Control, unless already subject to a Full
SWPPP as described above:
1. Any land
development activity with an area of disturbance greater than or equal to
1acre;
2. Any land
development activity that is part of a larger common plan of development or
sale which involves a total area of disturbance greater than or equal to 1
acre;
3. Any land
development activity, regardless of size, that the Village Stormwater
Management Officer determines likely to cause an adverse impact, according to
criteria of slope, soil erodibility, proximity to a sensitive area, or
proximity to a stormwater structure or facility.
E. Any of the
following activities require a Simple SWPPP, unless already subject to a Basic
or Full SWPPP as described above:
1. Any land development activity with an area of
disturbance greater than or equal to 5,000 square feet;
2. Any land
development activity, regardless of size, within 100 feet of a surface water of
the state of New York, or a wetland (see Schedule A for more detail on
identifying wetlands);
3. Any land
development activity involving a linear disturbance 500 feet or longer and 3
feet or wider on average slope(s) of 5% or greater from high point(s) to low
point(s) along the line of disturbance;
4. Any land
development activity that involves excavation or filling, resulting in the
movement of 250 cubic yards or more of soil or similar material;
5. Any