The Board of Trustees of the Village of Hudson Falls finds that: 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 transportation
and deposition; that stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for fish
and other desirable species; that clearing and grading during construction
tends to increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat; that improper design and construction
of stormwater management practices can increase the velocity of stormwater
runoff, thereby increasing streambank erosion and sedimentation; that impervious
surfaces allow less water to percolate into the soil, thereby decreasing groundwater
recharge and stream baseflow; that substantial economic losses can result
from these adverse impacts on the waters of the Village; that stormwater runoff,
soil erosion and nonpoint source pollution can be controlled and minimized
through the regulation of stormwater runoff from land development activities;
that 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 the public's
health and safety; and that 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.
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 the Village of Hudson Falls and to address the findings of fact noted in §
171-1 above. This chapter seeks to meet these purposes by achieving the following objectives:
A. Meet the requirements of minimum measures four and five
of the New York State Department of Environmental Conservation State Pollutant
Discharge Elimination System (SPDES) general permit for stormwater discharges
from municipal 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 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 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 or 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.
This chapter is adopted pursuant to the authority granted to the Board
of Trustees under § 10 of the Municipal Home Rule Law of the State
of New York.
This chapter shall be applicable to all land development activities
as defined in this chapter except for the following:
A. Agricultural activities as defined in this chapter.
B. Silvicultural activities, except for landing areas and
logging roads which shall be subject to this chapter.
C. Routine maintenance activities that disturb less than
one acre 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 Village of Hudson Falls Planning Board on or before
the effective date of this chapter.
F. Land development activities for which a building permit
has already been approved on or before the effective date of this chapter.
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.
This chapter shall be known as the "Village of Hudson Falls Stormwater
Regulations."