Town of Fishkill, NY Article III Applicability and Exemptions

§ 130-5 Applicability; Stormwater Management Officer; review of plans.

A. This chapter shall be applicable to all land development activities as defined in § 130-4.

B. The Town Board shall, by resolution, 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; or

(2) Upon approval of the Town Board, 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 the Town Board; or

(3) Accept the certification of a licensed professional that the plans conform to the requirements of this chapter.

C. All land development activities subject to review and approval by the applicable board of the Town pursuant to Chapter 78, Flood Damage Prevention; Chapter 82, Freshwater Wetlands, Watercourses and Water Bodies; Chapter 128, Extraction of Topsoil and Natural Resources; Chapter 132, Subdivision of Land; Chapter 140, Timber Harvesting; Chapter 150, Article XI, Site Development Plan Approval; and Chapter 150, Article VIII, Special Permit Uses, shall be reviewed subject to the standards contained in this chapter.

D. All land development activities not subject to review as stated in § 130-5C above 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 chapter.

§ 130-6 Exemptions.

The following activities are exempt from review under this chapter:

A. Agricultural activity as defined in § 130-4 of this chapter.

B. 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.

C. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.

D. Any part of a subdivision if a plat for the subdivision has been approved by the Planning Board of the Town on or before the effective date of this chapter.

E. Land development activities for which a building permit has been approved on or before the effective date of this chapter.

F. Cemetery graves.

G. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

H. Emergency activity immediately necessary to protect life, property or natural resources.

I. Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants solely for use by that person and his or her family.

J. Landscaping and horticultural activities in connection with an existing structure.

K. The construction of a single-family dwelling that:

(1) Will result in a total land disturbance of less than five acres; and

(2) Is not part of a new subdivision of land.