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 water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species.
C.
Clearing and grading during construction tend 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
base flow.
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 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 mitigate the adverse effects of erosion and sedimentation
from development.
Purpose: 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 § 99-1 hereof. This article 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.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Town Board of the Town
of Owego has the authority to enact local laws and amend local laws
and for the purpose of promoting the health, safety or general welfare
of the Town of Owego and for the protection and enhancement of its
physical environment. The Town Board of the Town of Owego 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.
A.
This article shall be applicable to all land development
activities as defined in this article.
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 Owego,
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 article.
C.
All land development activities subject to review
and approval by the Planning Department, Planning Board, Zoning Board
of Appeals or Town Board of the Town of Owego under subdivision, zoning,
site plan, and/or special permit regulations shall be reviewed subject
to the standards contained in this article.
A.
Agricultural activity as defined in this article.
B.
Logging activity undertaken pursuant to an approved
timber management plan prepared or approved by the Tioga County Soil
and Water Conservation District or the New York State Department of
Environmental Conservation, except that landing areas and log haul
roads are subject to this article.
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 a subdivision
that has been approved by the Town of Owego Planning Board and construction
activities have started on or before the effective date of this article.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this article.
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.
