This chapter shall be known as the "Stormwater Management and Erosion
Control Law."
The Town of Newstead (the "Town") finds that uncontrolled drainage and
runoff associated with land development has a significant impact upon the
health, safety and welfare of the community. Specifically:
A. Stormwater runoff can carry pollutants into receiving
water bodies, degrading water quality.
B. The increase in nutrients in stormwater runoff such as
phosphorus and nitrogen accelerates eutrophication of receiving waters.
C. Siltation of water bodies resulting from increased erosion
decreases their capacity to hold and transport water, interferes with navigation
and harms flora and fauna.
D. Improperly managed stormwater runoff can increase the
incidence of flooding and the level of floods which occur, endangering property
and human life.
E. Substantial economic losses can result from these adverse
impacts on community waters.
In order to protect, maintain and enhance both the immediate and the
long-term health, safety and general welfare of the citizens on the Town,
this chapter has the following objectives:
A. To prevent decreases in groundwater recharge and stream
base flow so as to maintain aquatic life, assimilative capacity, and potential
water supplies.
B. To maintain the integrity of stream geometry so as to
sustain the hydrologic functions of streams.
C. To facilitate the removal of pollutants in stormwater
runoff so as to perpetuate the natural biological functions of streams.
In accordance with Article 9 of the Town Law of the State of New York,
the Town has the authority to enact laws for the purpose of promoting the
health, safety or general welfare of the Town, including the protection of
the property of its inhabitants. By the same authority, the Town may include
in any such law provision for the appointment of any municipal officer or
employees to effectuate and administer such ordinance.
Upon approval of this chapter by the Town, all site preparation and
construction activities requiring approval under this chapter shall be in
conformance with the provisions set forth herein.
The Town, through the Planning Board, in consultation with the Town
Code Enforcement Officer and Town Engineer, may grant a written variance from
any of the requirement of this chapter using the following criteria:
A. There are special circumstances applicable to the subject
property or its intended use; and
B. The granting of the variance will not:
(1) Increase or decrease the rate or volume of surface water
runoff.
(2) Have an adverse impact on a wetland, watercourse or water
body.
(3) Contribute to the degradation of water quality.
(4) Otherwise impair attainment of the objectives of this
chapter.