[Adopted 12-28-2007 by L.L. No. 5-2007]
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 waterborne
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 Town of Elmira;
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 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 public health and
safety; and
I.
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 article, along with the stormwater management regulations in Chapter 198, Subdivision of Land, § 198-21, and Chapter 217, Zoning, § 217-58 and Article X, 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 Elmira and to address the findings of fact in § 187-30 hereof. This article, along with the stormwater regulations in Chapter 198, Subdivision of Land, § 198-21, and Chapter 217, Zoning, § 217-58 and Article X, 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 New York State 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 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 ensure that these management practices are properly
maintained and eliminate threats to public safety.
In accordance with § 10(1)(ii)(a)(11) of the Municipal
Home Rule Law of the State of New York, the Town of Elmira has the
authority to enact local laws for the protection and enhancement of
its physical and visual environment as well as to promote the health,
safety and general welfare of the Town. The Town of Elmira may include
in such local laws provision for the appointment of any municipal
officer or employees to effectuate and administer such local laws.
B.
The Town of Elmira shall designate a Stormwater Management Officer, who shall accept and review all stormwater pollution prevention plans (SWPPPs) and forward such plans to the Town Planning Board for approval. For purposes of this article, along with the stormwater management regulations in Chapter 198, Subdivision of Land, § 198-21, and Chapter 217, Zoning, § 217-58 and Article X, the Stormwater Management Officer shall be the Code Enforcement Officer for the Town of Elmira. The Stormwater Management Officer may:
C.
All land development activities subject to review and approval by the Town Planning Board under this article, along with the stormwater management regulations in Chapter 198, Subdivision of Land, § 198-21, and Chapter 217, Zoning, § 217-58 and Article X, shall be reviewed subject to the standards contained in this article, along with the stormwater management regulations in Chapter 198, Subdivision of Land, § 198-21, and Chapter 217, Zoning, § 217-58 and Article X.
D.
All land development activities subject to review and approval by the Town Planning Board under site plan, special permit or subdivision regulations shall be reviewed subject to the standards contained in this article, along with the stormwater management regulations in Chapter 198, Subdivision of Land, § 198-21, and Chapter 217, Zoning, § 217-58 and Article X.
The following activities may be exempt from review under this article and the stormwater management regulations in Chapter 198, Subdivision of Land, § 198-21, and Chapter 217, Zoning, § 217-58 and Article X:
C.
Routine maintenance activities that disturb fewer 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.
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.
