It is hereby determined that:
A. Land development activities, loss of native vegetation,
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, pollution rates,
and sediment transport and deposition;
B. Clearing and grading during construction and other
land development activities increases soil erosion and adds to the
loss of native vegetation necessary for viable land and water habitats;
C. Land development activities and associated increases
in site impervious cover reduce water percolation into the soil, thereby
decreasing groundwater recharge and increasing runoff;
D. Preserving vegetative cover can improve runoff and
erosion rates. Typical examples include:
(1) Tree canopies and ground covers protect soil surfaces
from the erosive impacts of rainfall;
(2) The surface cover provided by roots, leaves, and other
plant matter slows the velocity of water, thereby reducing its sediment-carrying
capability; and
(3) Suitable plant matter cover can increase water percolation
into the soil, thereby reducing runoff and increasing groundwater
recharge.
E. Pollutants of concern having a negative impact on water
quality are known to originate from construction activities, land
development, from other land alteration activities, poorly performing
or failing septic systems, and from the use of substances necessary
for domestic, commercial, agricultural and industrial activities.
These pollutants of concern are regulated by provisions in this article:
(2) Human pathogens and sewage-based nutrients;
(3) Herbicides, pesticides, fungicides, and fertilizers;
(4) Petroleum products and automobile fluids;
F. Increased runoff negatively impacts receiving waters
by changing the physical, biological and chemical composition of water
resulting in unhealthy environments for aquatic life, other desirable
species, and humans.
G. The adverse impacts on the waters of the Town can result
in substantial economic losses and can harm public health and safety.
These negative impacts are to be controlled and minimized through
the appropriate regulation of land development and other activities
within the Watershed Protection Overlay District.
As used in this article, the following terms shall have the
following meanings:
HAZARDOUS MATERIAL
Includes, but is not limited to:
A.
Paints, varnishes and solvents;
B.
Oil and other automobile fluids;
C.
Dissolved and particulate metals;
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in §
138-61 of this article.
ILLICIT CONNECTIONS
Either of the following:
A.
Any drain or conveyance, on or under the ground's
surface, which allows an illegal discharge to enter the storm drain
system, regardless of whether the drain or connection had been previously
allowed, permitted, or approved by an authorized enforcement agency;
or
B.
Any drain or conveyance connected from a commercial
or industrial land use to the storm drain system which has not been
documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
INDUSTRIAL ACTIVITY
Per New York State SPDES General Permit for Stormwater Discharges
Associated with Industrial Activity GP-0-06-002, any facility used
for manufacturing, processing or raw materials storage at an industrial
plant, including, but not limited to:
B.
Immediate access roads and rail lines used
or traveled by carriers of raw materials, manufactured products, waste
material, or by-products used or created by the facility;
C.
Material-handling sites where materials are
stored, loaded, unloaded, transported, and conveyed of any raw material,
intermediate product, final product, by-product or waste product;
E.
Sites used for the application or disposal
of process wastewaters (as designated by 40 CFR Part 401 of GP-0-06-002);
F.
Sites used for the storage and maintenance
of material-handling equipment;
G.
Sites used for residual treatment, storage,
or disposal;
H.
Shipping and receiving areas;
J.
Storage areas, including tank farms or raw
materials, and intermediate and final products;
K.
Areas where industrial activity has taken
place in the past and significant materials remain and are exposed
to stormwater.
MINING
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or parts thereof for the extraction or removal of minerals from their
original location and the preparation, washing, cleaning, crushing,
stockpiling or other processing of minerals at the mine location so
as to make them suitable for commercial, industrial, or construction
use, exclusive of manufacturing processes, at the mine location; the
removal of such material through sale or exchange, or for commercial
industrial or municipal use; and the disposition of overburden; tailings
and waste at the mine location. Mining shall not include the excavation,
removal and disposition of minerals from construction projects, exclusive
of the creation of water bodies, or excavations in aid of agricultural
activities.
MS4
Municipal separate storm sewer system. (See Chapter
91 definitions.)
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
A.
Owned or operated by the Town of Ballston;
B.
Designed or used for collecting or conveying
stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment
works (POTW) as defined at 40 CFR 122.2.
NONPOINT SOURCE POLLUTION
Pollution affecting a water body from diffuse sources rather
than a point source which discharges to a water body at a single location.
Nonpoint source pollution may derive from different sources such as
agriculture, silvicultural practices and land development and generally
contains sediment, pathogens, bacteria, nitrogen and phosphorus.
POLLUTANT
Includes, but is not limited to, the following:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other
discarded or abandoned objects;
E.
Sewage, fecal coliform and pathogens from
human waste;
F.
Dissolved and particulate metals;
G.
Wastes and residues that result from constructing
a building or structure;
H.
Sediments and aqueous suspended particulates
originating from disturbed soil surfaces, often associated with construction
and other land improvement activities.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT FACILITIES OR PRACTICES
Systems designed to treat, detain, infiltrate and/or convey
stormwater runoff. Such systems include detention basins, infiltration
basins, treatment basins or units, storm sewer pipes, catch basins
and swales.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the Municipal Engineer or other public official(s)
designated by the Town of Ballston to enforce this article. The SMO
may also be designated by the municipality to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices.
The following practices shall be specifically prohibited within
the Ballston Lake Overlay District:
A. Disposal of hazardous material or solid waste;
B. Treatment of hazardous material, except rehabilitation
programs authorized by a government agency for treating hazardous
material;
C. Dry cleaning, dyeing, printing, photo-processing, and
any other business that stores, uses or disposes of hazardous material,
unless all facilities and equipment are designed and operated to prevent
the release or discharge of hazardous material;
D. Disposal of septage or septic sludge to include any
point source discharge into Ballston Lake or into any waterway flowing
into Ballston Lake;
E. The bulk storage of coal and/or salt, except in Town-approved
impervious structures. The impervious structure shall be submitted
to the Town of Ballston Building Department for review and approval;
F. The storage of hazardous material in an environment
where weather, human activities, and other disturbances may reasonably
be anticipated to cause such substances to spill, leak over time or
otherwise be dispersed into the environment in a manner inconsistent
with its intended use;
G. All mining, unless permitted by the New York State
Department of Environmental Conservation;
H. The disposal or discharge of any hazardous or radioactive
material onto any lands, waters, stormwater conveyances, or disposal
conveyances for subsequent treatment or otherwise within the Watershed
Protection Overlay District is prohibited, except as allowed by a
valid permit from the New York State Department of Environmental Conservation.
Examples of prohibited disposal include, but are not limited to:
(1) The disposal of hazardous materials by means of discharge
to a septic system;
(2) The use of septic system cleaners which contain hazardous
materials;
(3) Land spreading of septage or septic waste.
Agricultural uses are valued within the Town of Ballston. All
agricultural uses within the Watershed Protection Overlay District
shall strive to reduce impacts to water resources by minimizing soil
erosion and nonpoint source pollution.
A. Agricultural uses, as defined in § 301 of
Article 25-AA of the New York State Agriculture and Markets Law, and
farm conservation plans prepared by the Saratoga County Soil and Water
Conservation District, the USDA Natural Resources and Conservation
Service or a certified conservation planner, are exempt from the provisions
of this article.
B. Agricultural uses exempt from the provisions of this
article should strive to follow the recommendations in the Agriculture
Management Practices Catalogue for Nonpoint Source Pollution and Prevention
and Water Quality Protection in New York (1992) as published and amended
by the Bureau of Water, New York Department of Environmental Conservation,
and the Ballston Lake Watershed Management Plan (June 2001 or as may
be amended).
Industrial uses shall be permitted in the Watershed Protection
Overlay District in conformance with the underlying zoning district.
All industrial uses within the Ballston Lake Overlay District shall
provide supporting documentation to the Town of Ballston Stormwater
Management Officer that the use conforms to the requirements of the
New York State Department of Environmental Conservation (NYSDEC) under
the SPDES Multi-Sector General Permit for Stormwater Discharges Associated
with Industrial Activity, Permit No. GP-0-06-002, and any subsequent
revisions. The applicant shall submit the following documents:
A. Copy of certificate of no exposure or notice of intent
or termination (NOIT) form;
B. Acknowledgement of permit coverage under GP-0-06-002,
and copies of all required sampling results, annual certification
reports, the project's stormwater pollution prevention plan (SWPPP)
and performance standards established by NYSDEC;
C. Acknowledgement of permit coverage under an individual
SPDES permit by NYSDEC and all supporting documentation required by
NYSDEC under that permit.
Should any section or provision of this article be declared,
adjudged or ordered null, void, voidable, or invalid by a court of
competent jurisdiction, such finding of invalidity shall not affect
the validity of the remaining portions of this article.
This article shall take effect upon filing with the Secretary
of State of the State of New York.