[HISTORY: Adopted by the Town Board of the
Town of Queensbury 2-23-2009 by L.L. No. 2-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 91.
Freshwater wetlands — See Ch. 94.
Storm sewer system discharges, activities and connections — See Ch. 146.
Water — See Ch. 173.
Zoning - subdivision review — See Ch. 178.
Zoning — See Ch. 179.
Subdivision of land — See Ch. A183.
[1]
Editor's Note: This chapter also repealed
former Ch. 147, Stormwater Management, adopted 7-19-1999 by L.L. No.
4-1999.
This chapter shall be known as the "Town of
Queensbury Stormwater Management Local Law."
It is hereby determined that:
A.
Land development activities and associated increases
in 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.
The increase in nutrients in stormwater runoff accelerates
eutrophication of receiving waters.
D.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitats.
E.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation.
F.
Improperly managed stormwater runoff can increase
the incidence of flooding and the level of floods which occur, endangering
property and human life.
G.
Siltation of water bodies resulting from increased
erosion decreases the capacity of the water bodies to hold and transport
water, interferes with navigation and harms flora and fauna.
H.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow.
I.
Substantial economic losses can result from these
advere impacts on the waters of the Town.
J.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
K.
It is in the public interest to regulate 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, thereby minimizing threats to public health
and safety.
L.
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.
In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Town Board 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 and for the protection and enhancement of its physical environment. The Town Board 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. Further statutory authority for this chapter can be found in Article 9 of the Town Law and Environmental Conservation Law § 43-0112.
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 Town of Queensbury by preserving and protecting the quality of the ground- and surface waters and to address the findings in § 147-2 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 NYS Department of Environmental Conservation State Pollutant
Discharge Elimination System (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 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 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.
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and eliminate threats to public safety.
G.
Provide for more stringent requirements within the
portion of the Town that is within the Lake George Park, reflecting
the unique environmental sensitivity of Lake George and the need to
protect its water quality.
The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meanings set forth in Schedule A of this chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
A.
This chapter shall be applicable to all land development activities as defined in § 147-5.
(1)
All land development activities subject to review
and approval by the Planning Board under the Town's subdivision, site
plan, and/or special permit regulations shall be reviewed subject
to the standards contained in this chapter. No application for approval
of a land development activity shall be reviewed until the appropriate
Board has received a stormwater pollution prevention plan (SWPPP)
prepared in accordance with the specifications in this chapter.
(2)
All land development activities not subject to such
review 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.
C.
All subdivision of land or building or construction activity or other development, including clearing, grading, excavating, soil disturbance or placement of fill, that will result in land disturbance of less than one acre shall comply with the requirements of § 147-9.
D.
Permits and approvals required by this chapter may
be incorporated into the subdivision, site plan, land use or zoning
approvals issued under separate provisions of the Town's land use
program.
The following activities shall be exempt from review under this chapter except to the extent they are subject to the provisions of § 147-11.
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity of less than one acre, except
that landing areas and log haul roads are subject to this chapter.
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.
Emergency repairs or maintenance 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 Planning Board on or before the effective
date of this chapter.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
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, 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.
No application for approval of a land development
activity shall be reviewed until the appropriate board has received
a stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications in this chapter.
A.
Stormwater Management Officer. The Town 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 review the
plans; upon approval by 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 said
governing board; or accept the certification of a licensed professional
that the plans conform to the requirements of this chapter.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(a)
Background information about the scope of the
project, including location, type and size of project;
(b)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map must
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity or development;
existing and final slopes; locations of off-site material, waste,
borrow or equipment storage areas; and location(s) of the stormwater
discharges(s); site map should be at a scale no smaller than one inch
equals 40 feet (e.g., one inch equals 500 feet is smaller than one
inch equals 100 feet);
(c)
Description of the soil(s) present at the site;
(d)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
Description of the pollution prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
(f)
Description of construction and waste materials
expected to be stored on site with updates as appropriate, and a description
of controls to reduce pollutants from these materials including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(g)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project from initial land clearing and
grubbing to project close-out;
(h)
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice;
(i)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to
permanent control measures;
(k)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place;
(l)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(o)
Description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable; and
(p)
Any existing data that describes the stormwater
runoff at the site.
(2)
Land development activities as defined in § 147-5 of this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development
activities disturbing between one acre and five acres of land during
the course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(3)
SWPPP requirements for Conditions A, B and C:
(a)
All information in § 147-8(B)(1) of
this chapter;
(b)
Description of each postconstruction stormwater
management practice;
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice;
(d)
Hydrologic and hydraulic analysis and calculations
for all structural components of the stormwater management system
for the applicable design storms;
(e)
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions with map of subcatchments
for each;
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice;
(h)
Maintenance easements to ensure access to all
stormwater management practices at the site for the purpose of inspection
and repair. Easements shall be recorded on the plan and shall remain
in effect with transfer of title to the property;
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 147-10 of this chapter;
(j)
Grading plan at a scale not to exceed one inch
equals 40 feet;
(k)
Site testing results or data including deep
test holes and infiltration tests; and
(l)
Draft notice of intent (NOI).
C.
Plan certification. The SWPPP shall be prepared by
a landscape architect, certified professional or professional engineer
qualified stormwater professional and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meets the requirements of this chapter.
[Amended 4-3-2023 by L.L. No. 3-2023]
D.
Contractor certification.
(1)
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(2)
The certification must include the name and title
of the person providing the signature; address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
E.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the land development activity prior to approval of
the final stormwater design plan.
F.
Copy to be retained. A copy of the SWPPP shall be
retained at the site of the land development activity during development
and construction from the date of initiation of development and/or
construction activities to the date of final stabilization.
All building, construction, soil disturbance,
excavating, land clearing, grading, filling, subdivision of land,
and/or other development, whether public or private, shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter,
the following documents shall serve as the official requirements and
specifications for stormwater management. Stormwater management practices
that are designed and constructed in accordance with these technical
documents shall be presumed to meet the standards imposed by this
chapter:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
B.
Water quality standards. No building, construction,
soil disturbance, excavating, land clearing, grading, filling, subdivision
of land, and/or other development, whether public or private, shall
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
A.
Maintenance during construction. The applicant or
developer of the land development activity shall at all times properly
operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the applicant
or developer to achieve compliance with the conditions of this chapter.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%. The applicant or developer
or his or her representative shall be on site at all times when construction
or grading activity and/or other development takes place and shall
inspect and document the effectiveness of all erosion and sediment
control practices. Inspection reports shall be completed every seven
days and within 24 hours of any storm event producing 0.5 inch of
precipitation or more. The reports shall be delivered to the Stormwater
Management Officer prior to issuance of a certificate of occupancy
(CO) and also copied to the site logbook.
B.
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility as one of the
requirements, the applicant or developer must execute a maintenance
easement agreement that shall be binding on all subsequent landowners
served by the stormwater management facility. The easement shall provide
for access to the facility at reasonable times for periodic inspection
by the Town to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this chapter. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the counsel for the
Town.
C.
Maintenance after construction. Permanent stormwater
management practices (SMPs) installed in accordance with this chapter
shall be operated and maintained to achieve the goals of this chapter.
Proper operation and maintenance also includes, as a minimum, the
following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 147-9 hereof.
(4)
Annual reports shall be provided to the Town describing
the previous year's operation and maintenance activities.
D.
Maintenance agreements. The Town shall approve a formal
maintenance agreement for stormwater management facilities binding
on all current and subsequent landowners and recorded in the office
of the County Clerk as a deed restriction on the property prior to
final plan approval. The maintenance agreement shall be consistent
with the terms and conditions of Schedule E of this chapter entitled
"Sample Stormwater Control Facility Maintenance Agreement."[1] The Town, in lieu of a maintenance agreement, at its sole
discretion may accept dedication of any existing or future stormwater
management facility, provided such facility meets all the requirements
of this chapter and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Schedule E is included at the end of this chapter.
A.
Applicability. This section shall apply to all building, construction, land clearing, subdivision of land and/or other development, both public and private, located within the Lake George Park, except development which is expressly exempt in accordance with Subsection D of this section, in addition to all foregoing provisions of this chapter.
B.
Prohibitions.
(1)
No person owner of real property shall create or maintain
a condition which, due to a human disturbance of land, vegetative
cover or soil, may result in the erosion of soil from the site into
any water body. The Stormwater Management Officer shall notify a property
owner of such condition on his property and shall afford a reasonable
time period to correct any such condition before a violation shall
be deemed to exist.
[Amended 4-3-2023 by L.L. No. 3-2023]
(2)
No person shall fail to comply with any provision
or requirement of any permit issued in accordance with this chapter.
(3)
No person shall cause or create a condition of flooding,
erosion, siltation or ponding resulting from failure to maintain previously
approved stormwater control measures where such condition is injurious
to the health, welfare or safety of individuals residing in the park
or injurious to any land within the park. The Stormwater Management
Officer shall notify a property owner of such condition on his/her
property and prescribe measures necessary to reestablish effective
performance of the approved stormwater control measures. The Town
shall afford such property owner a reasonable time period in which
to correct any such condition before a violation is deemed to exist.
[Amended 4-3-2023 by L.L. No. 3-2023]
C.
Permit required.
(1)
Except for the activities exempted in Subsection D of this section, no person shall build, construct, erect, expand or enlarge any building or structure or place, cause, or construct any impervious surface such as pavement, blacktop, macadam, packed earth and crushed stone without first receiving a stormwater management permit from the Town, unless otherwise exempted herein.
[Amended 4-3-2023 by L.L. No. 3-2023]
(2)
No person shall create a subdivision of land subject
to approval by the Town until first receiving a stormwater management
permit from the municipality for all buildings, structures and impervious
surfaces proposed to be created, except that the terms of this chapter
shall not apply to persons engaged in activities for which required
municipal permits and approvals were issued prior to the effective
date of this chapter.
(3)
Except for the activities exempted in Subsection D of this section, no person shall cause or create a land disturbance greater than or equal to 5,000 square feet without first having received a stormwater management permit under this chapter.
[Amended 4-3-2023 by L.L. No. 3-2023]
(4)
No person shall build, alter or modify a stormwater
control measure without first receiving a stormwater management permit
from the Town. Such building, alteration and/or modification does
not include the ordinary maintenance, cleaning and/or repair of stormwater
control measures.
D.
Exemptions. The following activities are exempt from
the requirements of this section:
(1)
Emergency repairs or maintenance to any stormwater
control measure.
(2)
Development on a site involving land disturbance and
land clearing of less than 5,000 square feet which does not result
in the creation of new impervious surfaces of more than 1,000 square
feet.
[Amended 4-3-2023 by L.L. No. 3-2023]
(3)
Silvicultural activity of less than 15,000 square
feet, except that landing areas and log haul roads are subject to
this chapter.
(4)
Any building, construction, or land clearing occurring
outside the drainage basin of Lake George from which all stormwater
discharged from the development site is discharged outside of the
basin.
(5)
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.
(6)
Activities for which a building permit was issued
prior to the effective date of this chapter.
(7)
Maintenance
of landscaped areas.
[Added 4-3-2023 by L.L. No. 3-2023]
E.
Project classification for stormwater management.
(1)
Minor projects. The following development activities
shall be considered to be minor projects:
(a)
Any building, land clearing or development activity
affecting less than 15,000 square feet of land.
(b)
Creation of a two-lot, three-lot or four-lot
subdivision which may result in the construction of no more than one
single-family residential structure and related accessory structures
per lot, and will require land clearing or alteration activities of
less than 15,000 square feet per lot and less than 15,000 square feet
total for any subdivision road.
(c)
Any building, alteration or modification of
a stormwater control measure, excluding maintenance, cleaning or repair
of such stormwater control measure.
(2)
Major projects. Any project not expressly exempted
from regulation or defined as a minor project shall be a major project.
In addition, the following may be considered to be major projects:
(a)
Any part of a minor project which occurs on:
[1]
Soils of high potential for overland or through-soil
pollutant transport;
[2]
An area with a slope of 15% or greater when
measured in any direction over a distance of 100 feet from the center
of the proposed building site; or
[3]
An area with a soil percolation rate slower
than 60 minutes per inch.
(b)
Minor projects treated as major projects.
[1]
Any minor project may be treated as a major
project if such treatment is warranted in the judgment of the Stormwater
Management Officer due to specific site limitations or constraints,
anticipated environmental impacts or the need or advisability of additional
public notice and comment. When determining whether to treat a minor
project as a major project, the criteria to be considered shall include,
but shall not be limited to, whether the site lies within or substantially
contiguous to any of the following:
[2]
The project sponsor of a minor project that
will be treated as a major project shall be given a written statement
of the reasons for such a determination.
F.
Permit application review procedures.
(1)
Minor projects. The Stormwater Management Officer
shall have primary responsibility for the review, approval and issuance
of stormwater management permits for minor projects. The Stormwater
Management Officer may request technical assistance from the Commission
and/or the Town Engineer.
(a)
Prior to permit decisions, a test pit may need
to be witnessed.
(b)
The Stormwater Management Officer shall determine
whether notice to adjacent owners is warranted by public interest
or other considerations.
(c)
Prior to the issuance of a permit for any project,
the Stormwater Management Officer shall determine that the project
as proposed is in accordance with the design standards of this chapter.
G.
Criteria for issuance of stormwater management permits.
(1)
An application for a stormwater management permit
may be approved, denied or approved with modifications or conditions,
including modifications to non-stormwater aspects of the development
necessary to achieve the required level of stormwater management.
(2)
No stormwater management permit shall be issued unless
the Stormwater Management Officer (for a minor project) or the Planning
Board (for a major project) makes the following findings, which shall
be supported by substantial evidence. The facts supporting such findings
shall be set forth in the decision document or permit. The issued
permits shall set forth all required conditions and incorporate all
necessary documents and maps. The findings are as follows:
(a)
That the project meets the design requirements
and performance standards set forth in this chapter.
(b)
That the project will not have an undue adverse
impact on the health, safety or welfare of the public or on the resources
of the Lake George Park and will not lead to a diminution of water
quality, an increase in erosion or an increase in stormwater runoff
from the site either during or following development.
(c)
That the stormwater control measures proposed
for the proposed project will function as designed and that such measures
represent the best possible methods and procedures for controlling
stormwater runoff that are feasible and practicable at the particular
project site.
(d)
That adequate and sufficient measures have been
taken to ensure accountability and responsibility over the life of
the project should the stormwater control measures not function as
intended, fail or suffer from inadequate maintenance to ensure their
proper functioning. The Town of Queensbury may require formation of
a homeowners' association registered in accordance with § 352-e
of the New York State General Business Law and execution of a maintenance
agreement consistent with Schedule E.[3]
[3]
Editor's Note: Schedule E is included at the end of this chapter.
(e)
That the proposed project will not contribute
to flooding, siltation or stream bank erosion and will not result
in any increase, directly or indirectly, in pollution to Lake George
or its tributaries from stormwater runoff.
H.
Variances.
(1)
If, during the review of an application, it is determined
that the application of any design or dimensional requirement contained
in this section will result in the denial of the project, the applicant
shall be afforded an opportunity to modify the project plans or in
the alternative to make application for a variance to the Zoning Board
of Appeals. Upon denial of any permit application for a project for
failure to conform with specific provisions of this chapter, the applicant
may make an application for a variance to the Zoning Board of Appeals.
(2)
If the applicant determines that any aspect of the
project cannot meet any design or dimensional requirement contained
in this chapter, the applicant may make direct application for a variance
to the Zoning Board of Appeals.
(3)
Variance applications shall be on such forms as may
be prescribed and shall conform with and contain the permit application
requirements set forth in this chapter.
(4)
The granting of any variance shall be done in accordance
with §§ 267-a and 267-b of the New York State Town
Law and any amendments thereto as appropriate; provided, however,
that the grant of any variance to the shoreline or cutting restrictions
of § 806 of the Adirondack Park Agency Act (Executive Law,
Article 27) must be in compliance with that section and § 807
of the Act, if applicable.
(5)
No variance shall be granted by the Town of Queensbury
until first providing notice to the Commission a minimum of 10 days
in advance. The Commission shall be deemed a party to the proceeding
for all purposes with the right to initiate or intervene in any action
or proceeding in which the grant or denial of a variance is an issue
or in any proceeding involving an interpretation of the municipality's
plan or program.
[Amended 4-3-2023 by L.L. No. 3-2023]
I.
Design requirements and performance standards.
(1)
General requirements for major and minor projects.
The following requirements shall apply to major and minor projects:
(a)
Stormwater control measures shall include such
measures as are deemed necessary to prevent any increase in pollution
caused by stormwater runoff from development which would otherwise
degrade the quality of water in Lake George and its tributaries, render
it unfit for human consumption, interfere with water-based recreation
or adversely affect aquatic life.
(b)
Emergency overflow provisions shall be made
as necessary to prevent erosion, flooding and damage to structures,
roads and stormwater control measures.
(c)
Stormwater control measures shall be designed
to minimize adverse impacts to water bodies, minimize disturbance
of water bodies, minimize land clearing, minimize the creation of
impervious surfaces and to maximize preservation of natural vegetation
and existing contours.
(d)
Development which involves the creation of areas
subject to intensive landscape maintenance, such as golf courses,
public parks and botanical gardens, shall require that a pest control
and fertilizer management plan shall be prepared and included with
the permit application.
(e)
Development that involves structural components, such as retaining
walls or dams, may require design and certification by a licensed
professional engineer.
[Added 4-3-2023 by L.L. No. 3-2023]
(2)
Minor projects. The following additional requirements
shall apply to minor projects:
(a)
Stormwater shall be managed on site using stormwater control measures designed to afford optimum protection of ground and surface waters. Stormwater control measures shall be selected by giving preference to the best management practices for pollutant removal and flow attenuation as specified in Schedule C.[4] Stormwater may be calculated in accordance with the methodology for determining stormwater volume and flow rates for major projects found in Schedule B, Part I,[5] or, in the alternative, at a flat rate of 1.5 gallons
of stormwater for every square foot net increase in impervious area.
Net increase is the difference between predevelopment and postdevelopment
conditions. All water from newly created impervious areas which would
otherwise run off the parcel shall be directed to an infiltration
device. Location of the infiltration devices shall be determined based
upon soil test results.
[4]
Editor's Note: Schedule C is included at the end of this chapter.
[5]
Editor's Note: Schedule B is included at the end of this chapter.
(b)
Stormwater control measures may include, but
shall not be limited to, dry wells of precast concrete, pits of crushed
rock lined with geotextile fabric and infiltration trenches. Such
measures may also include natural and human-made landscape features
such as depressions, blind ditches, retention ponds, swales and others.
Inlets to infiltration devices shall be protected from sediment at
all times in order to maintain their capacity.
(c)
Infiltration devices shall not be installed
up gradient within 20 feet of the subsurface treatment system of a
wastewater treatment system.
[Amended 4-3-2023 by L.L. No. 3-2023]
(d)
Infiltration devices and buildings shall be
designed to maintain maximum attainable horizontal distance separation
from wells, water bodies and wetlands. Pumping stormwater shall not
be permitted.
(e)
The bottom of any infiltration device shall
be a minimum of two feet above seasonal high groundwater mark and
two feet above bedrock.
(f)
Temporary erosion controls shall be required
to prevent siltation of water bodies during construction and/or other
development.
(g)
Stormwater control measures proposed to be installed
at locations with a slope greater than 15% before grading, soil percolation
rate slower than 60 minutes per inch or which require placement of
fill to meet vertical distance separations specified in this chapter
shall be designed by a qualified stormwater professional.
[Amended 4-3-2023 by L.L. No. 3-2023]
(h)
Infiltration devices shall be located a minimum of 35 feet from Lake
George and any downgradient drinking water supply or water body. Infiltration
devices for high traffic areas shall be located a minimum of 100 feet
from Lake George and any downgradient drinking water supply or water
body. The separation distance for infiltration devices servicing high
traffic areas shall be a minimum of 50 feet from upgradient water
supplies. This design requirement shall not prohibit the creation
of up to 400 square feet of pervious hardscape (i.e., porous pavers)
for nonhigh traffic areas within 35 feet of Lake George and any downgradient
drinking water supply or water body.
[Added 4-3-2023 by L.L. No. 3-2023]
(i)
On a site where predevelopment exists, an applicant shall be required
to undertake a stormwater retrofit project to control existing stormwater
runoff discharges from the site in accordance with the minor project
standards of this section to the maximum extent practicable. Such
measures shall include, at a minimum, the infiltration of runoff from
the first one-half inch of precipitation from all predevelopment impervious
areas within the site. The phased implementation of such controls
for predevelopment areas may be authorized. A variance will not be
required for infiltration devices treating predevelopment areas when
conformance with the design standards for infiltration devices cannot
be met. If the minimum one-half inch volume requirement cited herein
cannot be met, the Town may delegate the authority to issue a variance
from this standard to staff.
[Added 4-3-2023 by L.L. No. 3-2023]
(3)
Major projects. The following additional requirements
shall apply to major projects:
(a)
As provided in § 147-9, stormwater management practices for major projects shall be designed and constructed in accordance with the following technical documents:
[1]
The New York State Stormwater Management Design
Manual (New York State Department of Environmental Conservation, most
current version or its successor, hereafter referred to as the "Design
Manual").
[2]
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the Erosion Control Manual).
(b)
Stormwater volumes and rates of flow shall be calculated using the methods specified in Schedule B, Part I.[6]
[6]
Editor's Note: Schedule B is included at the end of this chapter.
(c)
Supplemental design requirements for stormwater
control measures.
[1]
Stormwater control measures shall be designed
so that there will be no increase in runoff volume from a ten-year-frequency/twenty-four-hour-duration
storm event following development over the predevelopment volume.
[2]
For storm events exceeding the ten-year design
storm, the stormwater control measures shall function to attenuate
peak runoff flow rates for a twenty-five-year-frequency storm to be
equal to or less than predevelopment flow rates. For development greater
than five acres stormwater control measures shall function to attenuate
peak runoff flow rates for a one-hundred-year storm to be equal to
or less than predevelopment flow rates. Attenuation of the one-hundred-year
storm is intended to reduce the rate of runoff from development to
prevent expansion of the one-hundred-year floodplain so as to alleviate
flooding of improved properties and roadways. The minimum requirement
for peak flow attenuation can be waived for the one-hundred-year storm
event where it can be proven that downstream flooding is not a concern,
such as where excess stormwater runoff is discharged to Lake George
or to a regional stormwater facility designed to handle additional
volume and peak discharge. The cumulative effect of all proposed development
projects within the watershed should be considered in making this
determination. Rainfall intensity curves for Lake George, New York,
shall be used in the design of the stormwater control measures. Additionally,
for development greater than five acres, coverage is required under
a state pollutant discharge elimination system (SPDES) general stormwater
permit administered by the Department of Environmental Conservation.
[Amended 4-3-2023 by L.L. No. 3-2023]
[3]
Infiltration devices shall be designed such that the bottom of the system will be a minimum of two feet above the seasonal high groundwater level and bedrock to be realized following development. Where compliance with this requirement would prevent compliance with Subsection I(3)(c)[5] below, compliance with this requirement may be waived. This provision shall not apply to wet ponds and similar stormwater control measures which are designed to be built in the saturated soil zone.
[Amended 4-3-2023 by L.L. No. 3-2023]
[4]
Infiltration devices for major projects shall
be located a minimum of 35 feet from Lake George and any down-gradient
drinking water supply or water body. Infiltration devices for high
traffic areas shall be located a minimum of 100 feet from Lake George
and any downgradient drinking water supply or water body. A separation
of more than 100 feet may be required in cases where contamination
of the water supply is possible due to highly permeable soils, shallow
groundwater and similar situations. The separation distance for infiltration
devices servicing high traffic areas shall be a minimum of 50 feet
from up-gradient water supplies. Designs shall mitigate adverse effects
that groundwater recharge will have on adjacent wells, water supplies,
wastewater treatment systems, buildings, roadways, properties and
stormwater control measures. Stormwater recharge areas shall be located
a minimum of 100 feet from the subsurface treatment system of a wastewater
treatment system unless it is demonstrated that a lesser separation
will not adversely affect the functioning of such leach fields. This
design requirement shall not prohibit the creation of up to 400 square
feet of pervious hardscape (i.e., porous pavers) for nonhigh traffic
areas within 35 feet of Lake George and any downgradient drinking
water supply or water body.
[Amended 4-3-2023 by L.L. No. 3-2023]
[5]
Infiltration devices shall be designed to extend
a minimum of 10% of the infiltration surface area below the prevailing
frost depth or four feet (whichever is greater) in order to provide
infiltration during winter months.
[6]
Infiltration devices shall be designed based on the infiltration capacity of the soils present at the project site. Soil evaluation methods shall be in accordance with Schedule B, Part II, Soil Evaluation Methods.[7]
[7]
Editor's Note: Schedule B is included at the end of this chapter.
(d)
Additional requirements for major projects.
[Amended 4-3-2023 by L.L. No. 3-2023]
[1]
All stormwater control measures shall be designed
to completely drain to return to design levels in accordance with
the following:
|
Control Measure
|
Number of Days
|
|---|---|
|
Infiltration basin
|
5
|
|
Infiltration trench
|
15
|
|
Dry well
|
15
|
|
Porous pavement
|
2
|
|
Vegetation depression
|
1
|
[2]
Pretreatment devices such as sediment traps,
detention/stilling basins, filter strips, grassy swales or oil/water
separators shall be provided for runoff from paved areas or other
areas subject to human-induced pollution, including grease and oils,
fertilizers, chemicals, road salt, sediments, organic materials and
settleable solids, which shall be sufficient to remove pollutants
from the runoff.
[3]
Stormwater control measures shall, at a minimum,
incorporate the best available pollutant removal technology, which
shall mean that which constitutes appropriate and cost-effective means
for removing pollutants from runoff so that the resulting treated
stormwater will not degrade the water quality of any water body.
[4]
Stormwater control measures shall be designed
to preserve and maintain the base flow in all streams passing through,
adjoining or receiving runoff from the site.
[5]
On a site where predevelopment exists, an applicant
shall be required to undertake a stormwater retrofit project to control
existing stormwater runoff discharges from the site in accordance
with the major project standards of this section to the maximum extent
practicable. Such measures shall include, at a minimum, the infiltration
of runoff from the first one-half inch of precipitation from all predevelopment
impervious areas within the site. The phased implementation of such
controls for predevelopment areas may be authorized. A variance will
not be required for infiltration devices treating predevelopment areas
when conformance with the design standards for infiltration devices
cannot be met. If the minimum one-half inch volume requirement cited
herein cannot be met, the Town may delegate the authority to issue
a variance from this standard to staff.
J.
Erosion control measures.
(1)
Temporary erosion control shall be provided for all
disturbed areas in accordance with the New York State Standards and
Specifications for Erosion and Sediment Control. The temporary erosion
control measures shall be maintained continuously until permanent
control measures are in service.
(2)
Staging of construction to facilitate erosion control
shall be required. Only those areas where construction is actively
occurring shall remain open and unvegetated. All areas that are not
within an active construction area shall be mulched and stabilized
or shall be mulched and revegetated. An "active construction area"
is defined as one on which substantial construction activity has occurred
within the past seven calendar days. Temporary or permanent erosion
control measures shall be implemented within 10 days following the
last substantial construction activity.
(3)
Compliance with the following restrictions shall be
required:
(a)
No vegetation shall be felled into any lake,
pond, river, stream or intermittent stream, and, if inadvertently
felled into one of these water bodies, shall be removed immediately
from the water body.
(b)
For land with slopes greater than 15% or within
500 feet of the mean high water mark of any lake, pond, river, stream
or wetland, no land area, including areas stockpiled with earthen
materials, which has been cleared may be made or left devoid of growing
vegetation for more than 24 hours without a protective covering securely
placed over the entire area and/or erosion control measures properly
installed.
(c)
Any area of land from which the natural vegetative
cover has been either partially or wholly cleared or removed by development
activities shall be revegetated within 10 days from the substantial
completion of such clearing and construction. Acceptable revegetation
shall consist of the following:
[1]
Reseeding with an annual or perennial cover
crop accompanied by placement of straw mulch or its equivalent of
sufficient coverage, but not less than 50% of the total disturbed
area, to control erosion until such time as the cover crop is established
over 90% of the seeded area.
[2]
Replanting with native woody and herbaceous
vegetation accompanied by placement of straw mulch or its equivalent
of sufficient coverage to control erosion until the plantings are
established and are capable of controlling erosion.
[3]
Any other recognized method which has been reviewed
and approved by the municipality as satisfying the intent of this
requirement.
(d)
Any area of revegetation must exhibit survival
of a minimum of 75% of the cover crop throughout the year immediately
following revegetation. Revegetation must be repeated in successive
years until the minimum seventy-five-percent survival for one year
is achieved.
(e)
Ground-clearing or grading activities which
occur during the period October 15 to April 15, during which germination
of vegetation typically will not take place, shall be required to
incorporate extra measures during revegetation in order to reduce
erosion and maintain water quality. These extra measures include,
but are not limited to, the use of screen mesh, netting, extra mulch
and siltation fences.
A.
Erosion and sediment control inspections.
(1)
The Town Stormwater Management Officer may require
such inspections as necessary to determine compliance with this chapter
and may either approve that portion of the work completed or notify
the applicant as to any part of the work which fails to comply with
the requirements of this chapter and the stormwater pollution prevention
plan (SWPPP) as approved. To obtain inspections, the applicant shall
notify the Town enforcement official at least 48 hours before any
of the following as required by the Stormwater Management Officer:
(a)
Start of development.
(b)
Installation of sediment and erosion control
measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public
areas.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the
required corrective actions. No further work shall be conducted except
for site stabilization to comply with this chapter until any violations
are corrected and all work previously completed has received approval
by the Stormwater Management Officer.
B.
Stormwater management practice inspections. The Town
Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans for any stormwater management practices located
on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include but are
not limited to reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
D.
Submission of reports. The Stormwater Management Officer
may require monitoring and reporting from entities subject to this
chapter as are necessary to determine compliance with this chapter.
E.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town and the Town Engineer the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Town in
its approval of the stormwater pollution prevention plan, the Town
may require the applicant or developer to provide, prior to any construction
or other development, a performance bond, cash escrow, or irrevocable
letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names
the Town as the beneficiary. The security shall be in an amount to
be determined by the Town based on submission of final design plans,
with reference to actual construction and landscaping costs. The performance
guarantee shall remain in force until the surety is released from
liability by the Town, provided that such period shall not be less
than one year from the date of final acceptance or such other certification
that the facilities have been constructed in accordance with the approved
plans and specifications and that a one-year inspection has been conducted
and the facilities have been found to be acceptable to the Town. Per-annum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction
or other development, may be required to provide the Town with an
irrevocable letter of credit from an approved financial institution
or surety to ensure proper operation and maintenance of all stormwater
management and erosion control facilities both during and after construction
or other development, and until the facilities are removed from operation.
If the developer or landowner fails to properly operate and maintain
stormwater management and erosion and sediment control facilities,
the Town may draw upon the account to cover the costs of proper operation
and maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Town may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Violations. Any land development activity that is
commenced or is conducted contrary to this chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
B.
Notice of violation.
(1)
When the Stormwater Management Officer determines
that a land development activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(a)
The name and address of the landowner, developer
or applicant;
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary
to bring the land development activity into compliance with this chapter
and a time schedule for the completion of such remedial action;
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed;
(f)
A statement that the determination of violation
may be appealed to the municipality by filing a written notice of
appeal within 15 days of service of notice of violation.
(2)
The notice of violation shall be served upon the person(s)
to whom it is directed either personally, in a manner provided for
personal service of notices by the court of local jurisdiction, or
by mailing a copy of the notice of violation by certified mail, postage
prepaid, return receipt requested, to such person at his or her last
known address.
(3)
A notice of violation issued in accordance with this
section constitutes a determination from which an administrative appeal
may be taken to the Town.
C.
Stop-work orders. The Town may issue a stop-work order
for violations of this chapter. Persons receiving a stop-work order
shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the Town confirms
that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop-work
order in a timely manner may result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this chapter.
D.
Penalties. In addition to or as an alternative to
any other penalty provided herein or by law, any person who violates
the provisions of this chapter shall be guilty of a violation punishable
by a civil penalty not to exceed $500 for each such violation and
an additional penalty of $500 for each day during which such violation
continues, or by imprisonment for a period not to exceed 60 days,
or both such fine and imprisonment. Such person shall be guilty of
a separate offense for each day during which the violation occurs
or continues.
[Amended 4-3-2023 by L.L. No. 3-2023]
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Stormwater Management Officer may prevent the
occupancy of said building or land by withholding issuance of a certificate
of occupancy.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Town
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The Town may require any person undertaking
land development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Town or performed by a third party for
the Town.
