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 habitat 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 habitat;
D. Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
streambank 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.
This Part
1 is enacted to establish minimum stormwater management requirements that will protect and safeguard the general health, safety, and welfare of the public residing within the Town of New Hartford and to address the findings of fact in §
101-1 hereof. The regulations seek to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of the New York
State current general permit for construction activities, and the
current general permit for MS4s, and Permit GP-02-02 or as amended,
or revised;
B. Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
C. Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
D. Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
E. 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;
F. Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System General Permit for Construction
Activities GPO-2-0, or as amended or revised;
G. Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-02-01, or as amended or revised.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Town Board of the Town of New Hartford
has the authority to enact local laws and amend local laws for the
purpose of promoting the health, safety or general welfare of the
Town of New Hartford and for the protection and enhancement of its
physical environment. The Town Board of the Town of New Hartford 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.