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 tends 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 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.
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 and Article
XVII of Chapter
43, Zoning, is 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 §
56-174 hereof. This article and Article
XVII of Chapter
43, Zoning, 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 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 to ensure that these management practices are properly
maintained and eliminate threats to public safety.
This article and Article
XVII of Chapter
43, Zoning, shall be applicable to all land development activities as defined in Article
XVII of Chapter
43, Zoning.
A. 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 review the plans; upon approval by the City Council 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 article and Article
XVII of Chapter
43, Zoning.
B. All land development activities subject to review and approval by the Planning Board of the City of Yonkers under (subdivision, site plan, and/or special permit) regulations shall be reviewed subject to the standards contained in this article and Article
XVII of Chapter
43, Zoning.
C. All land development activities not subject to review as stated in §
56-176B 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 article and Article
XVII of Chapter
43, Zoning.
The following activities may be exempt from review under this article and Article
XVII of Chapter
43, Zoning:
A. Agricultural activity as deemed in this article and Article
XVII of Chapter
43, Zoning.
B. Silvicultural activity, except that landing areas and log haul roads are subject to this article and Article
XVII of Chapter
43, Zoning.
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 the subdivision has been approved by the City of Yonkers on or before the effective date of this article and Article
XVII of Chapter
43, Zoning.
F. Land development activities for which a building permit has been approved on or before the effective date of this article and Article
XVII of Chapter
43, Zoning.
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.
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this article and Article
XVII of Chapter
43, Zoning, shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this article and Article
XVII of Chapter
43, Zoning.
The Subdivision Regulations of the City of Yonkers are hereby
amended by adding the following to the information requirements.
The site plan review regulations of the City of Yonkers are
hereby amended by adding the following to the information requirements.
A stormwater pollution prevention plan consistent with the requirements of §§
56-174 through
56-181 of this article shall be required. The SWPPP shall meet the performance and design criteria and standards in this article and Article
XVII of Chapter
43, Zoning. The approved erosion control permit shall be consistent with the provisions of this article and Article
XVII of Chapter
43, Zoning.
The City of Yonkers may require any person undertaking land development activities regulated by this article and Article
XVII of Chapter
43, Zoning, to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the City of Yonkers or performed by a third party for the City of Yonkers.