The Village Board of Trustees of the Village of Fort Edward
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 water-borne
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 stream bank 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 of Fort Edward and State of New
York; 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 Fort Edward and to address the findings of fact noted in §
273-1 above. This chapter seeks to meet these 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 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 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 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 Village Board 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 Fort Edward 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 Fort Edward Stormwater
Regulations."