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 water-borne
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 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 the Town of Goshen and to address the findings of fact in §
80C-1. This chapter seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of Minimum Control Measures (4) and (5) of
the New York State Department of Environmental Conservation (NYSDEC)
State Pollutant Discharge Elimination System (SPDES) General Permit
for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s), Permit No. GP-0-15-003, or as amended or revised;
B. Require land development activities to conform to the substantive
requirements of the NYSDEC SPDES General Permit for Construction Activities
GP-0-15-002, or 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 Section 10 of the Municipal Home Rule Law
of the State of New York, the Town of Goshen Town Board 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 Goshen and for
the protection and enhancement of its physical environment. The Town
Board may include in any such local law provisions for the appointment
of any municipal officer, employee, or independent contractor to effectuate,
administer and enforce such local law.
The following activities may be exempt from review under this
chapter unless the Town Board, on recommendation from the Stormwater
Management Officer, rescinds the exemption.
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 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 and a building permit issued by the Town of Goshen on or
before the effective date of this chapter, is exempted from review
under the provisions of this chapter but not from the maintenance
requirements of the facilities reviewed and approved under the provisions
then in effect by the reviewing agency.
F. Land development activities for which a building permit has been
approved on or before the effective date of this chapter, with the
exception of the maintenance requirements of the facilities reviewed
and approved by the reviewing agency.
H. Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I. Emergency activity 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.
L. Development of single-family homes on lots of less than one acre.
This chapter shall take effect upon filing with the Secretary
of State.