Town of Pleasant Valley, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 2-21-2007 by L.L. No. 2-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 39.
Flood damage prevention — See Ch. 50.
Wetland, water body and watercourse protection — See Ch. 53.
Illicit discharges, activities and connections — See Ch. 60.
Subdivision of land — See Ch. 82.
Zoning — See Ch. 98.
[1]
Editor's Note: This local law provided an effective date of July 1, 2007.

§ 74-1 Findings of fact.

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 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.

§ 74-2 Purpose.

[Amended 8-11-2010 by L.L. No. 2-2010]
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 § 74-1 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, or 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, 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.

§ 74-3 Statutory authority.

In accordance with Article 2, § 10 of the Municipal Home Rule Law of the State of New York, the "Town Board of Pleasant Valley 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 Pleasant Valley and for the protection and enhancement of its physical environment. The Town Board of Pleasant Valley 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.

§ 74-4 Applicability.

A. 
This local law shall be applicable to all land development activities as defined in § 98-48.1 of the Zoning Law.
[Amended 8-11-2010 by L.L. No. 2-2010]
B. 
The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may:
(1) 
Review the plans;
(2) 
Upon approval by the Town Board of the Town of Pleasant Valley, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or
(3) 
Accept the certification of a licensed professional that the plans conform to the requirements of this law.
C. 
All land development activities subject to review and approval by the applicable board of the Town of Pleasant Valley under subdivision, site plan, and/or special permit regulations shall be reviewed subject to the standards contained in this Chapter 74 and of' the Pleasant Valley Zoning Law ("Stormwater Control"), as amended, and §§ 82-11 and 82-12 of the Subdivision Law, as amended.
[Amended 8-11-2010 by L.L. No. 2-2010]
D. 
All land development activities not subject to review as stated in Subsection C of this section 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 law.
E. 
If the New York State Department of Environmental Conservation (DEC) or the United States Environmental Protection Agency (EPA) shall serve a notice of violation upon the Town, bring an administrative complaint against the Town and/or commence a civil suit against the Town due to a violation of SPDES general permit for stormwater discharges from municipal separate stormwater sewer systems GP-02-02 or any third party brings a civil suit against the Town for any such violation, and such notice of violation, administrative complaint, or civil suit as a result of, and due to, a consequence of or the outcome of the actions of a person who has violated the provisions of this chapter, then said person shall defend and indemnify the Town for any and all fines, damages or penalties imposed by the DEC, the EPA or any court of competent jurisdiction.
[Added 4-13-2011 by L.L. No. 1-2011]

§ 74-5 Exemptions.

The following activities may be exempt from review under this law:
A. 
Agricultural activity as defined in this chapter.
[Amended 8-11-2010 by L.L. No. 2-2010]
B. 
Silvicultural activity, except that landing areas and log haul roads are subject to this law.
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 by the Town of Pleasant Valley on or before the effective date of this law.
F. 
Land development activities for which a building permit has been approved on or before the effective date of this law.
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, vegetable 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.

§ 74-6 Efffect on other laws.

This local law is enacted under the authority of the Municipal Home Rule Law § 10(1) subparagraphs (i) and (ii)(a)(12). To the extent that it is inconsistent with any other law, other than a general law, it is the intent of the Pleasant Valley Town Board that this such law be superseded by this local law.