It is hereby determined that:
A. Land development activities and associated increases
in site impervious may 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; and may cause property damage;
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 streambank erosion and sedimentation;
E. Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
F. Economic losses can result from adverse impacts on
stormwater quantity and velocity and on the waters;
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 is in the public interest and will help
to reduce threats to public health and safety; and
I. Regulation of land development activities by means
of standards governing stormwater management and site design is intended
to regulate development such that it is 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 this jurisdiction and to address the findings of fact in §
125-1 hereof. This chapter seeks to meet those purposes by seeking to achieve the following objectives:
A. Meet the minimum requirements for control of construction
site and postconstruction runoff of the New York State SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-02-02, 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, 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 streambank 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.
In accordance with the Municipal Home Rule Law
of the State of New York, the Village of Kiryas Joel Village Board
of Trustees has the authority to enact and amend local laws for the
purpose of promoting the health, safety or general welfare of the
Village of Kiryas Joel and for the protection and enhancement of its
physical environment. The Board of Trustees 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:
A. Agricultural activity as defined in this chapter.
B. Alteration or maintenance of an existing structure
which will not have an impact on the quantity or quality of the surface
water discharge from the site.
C. Routine maintenance activities that disturb less than
one acre of land and are performed to maintain the original line and
grade, hydraulic capacity or original purpose of a facility.
D. Repair to any stormwater management practice or facility
deemed necessary by the Building Inspector, Engineer or other person
designated by the Board of Trustees.
E. Land development activity that received approval by
the Village Planning Board prior to the effective date of this chapter.
However, said activity shall not be exempt from compliance with applicable
state laws or regulations governing stormwater management and control.
F. Land development activity for which a building permit
has been approved prior to the effective date of this chapter. However,
said activity shall not be exempt from compliance with applicable
state laws or regulations governing stormwater management and control.
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, 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, provided such activities do not disturb
one acre or more of land.