It is hereby determined that:
A. 
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition.
B. 
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitats for fish and other desirable species.
C. 
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitats.
D. 
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation.
E. 
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow.
F. 
Substantial economic losses can result from these adverse impacts on the waters of the municipality.
G. 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.
H. 
The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety.
I. 
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 and sedimentation from development.
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 this jurisdiction and to address the findings of fact in § 188A-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A. 
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, as amended or revised;
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, as amended or revised;
C. 
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
D. 
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
E. 
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
F. 
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Clarence has the authority to enact local laws amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Clarence and for the protection and enhancement of its physical environment. The Town Board of the Town of Clarence may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.
A. 
In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
B. 
Conflict with public and private provisions.
(1) 
Public provisions. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(2) 
Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern.
A. 
This chapter shall be applicable to all land development activities as defined in this chapter, Article II, § 188-7.
B. 
The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such approvals or denials to the applicable municipal board. The Stormwater Management Officer may review the plans; upon approval by the Town Board of the Town of Clarence, engage the services of an engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or accept the certification of an engineer that the plans conform to the requirements of this chapter.
C. 
All land development activities subject to review and approval by the Town of Clarence (including all building permits) shall be reviewed subject to the standards contained in this chapter.
D. 
All land development activities not subject to review as stated in Subsection C shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this chapter.
The following activities may be exempt from review under this chapter.
A. 
Agricultural activity as defined in this chapter.
B. 
Silvicultural activity, except that landing areas and log haul roads are subject to this chapter.
C. 
Routine maintenance activities, as determined by the Stormwater Management Officer, that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
D. 
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
E. 
Any part of a subdivision if a plat for the subdivision has been approved by the Town of Clarence on or before the effective date of this chapter.
F. 
Land development activities for which a building permit has been approved on or before the effective date of this chapter.
G. 
Cemetery graves.
H. 
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
I. 
Emergency activity immediately necessary to protect life, property or natural resources.
J. 
Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.
K. 
Landscaping and horticultural activities in connection with an existing structure.