A. 
No land development activity regulated under this chapter shall commence until a Town stormwater permit has been applied for and approved by either the SMO or Planning Board, as applicable. An application for a Town stormwater permit shall be filed with the SMO or Planning Board as applicable, and shall be accompanied by a completed SWPPP prepared in conformance with § 189-8 of this chapter. For projects also requiring coverage under the SPDES General Permit for Construction Activities, applications must also be accompanied by all related NYSDEC forms and certifications.
B. 
Applications for projects that will result in land disturbance totaling five or more acres of land and/or also require a subdivision, site development plan, special use permit, and/or wetland permit approval, as issued by the Planning Board, shall be submitted to the Planning Board for review and approval, in consultation with the Town Engineer. To the extent practicable, the review and approval of the Town stormwater permit and SWPPP shall run concurrently with the review and approval of the other above-noted applications.
C. 
Applications for projects not subject to review as stated in § 189-7B above shall be submitted to and approved by the SMO, in consultation with the Town Engineer.
D. 
Upon written request by an applicant, the SMO or Planning Board may waive or modify the required SWPPP materials to address the specific instances of the application under consideration. Any such waiver shall not be automatic, but rather shall only be granted if such required materials are deemed not applicable, are not requisite in the interest of the public health, safety and general welfare, will still result in an SWPPP that is consistent with the findings and purpose of this chapter and will continue to comply with all applicable NYSDEC standards and requirements. The Planning Board may override any waiver issued by the SMO, while the SMO may not override any waiver issued by the Planning Board.
E. 
Every Town stormwater permit issued pursuant to this chapter shall be in written form and shall be executed by either the SMO or Planning Board, as applicable.
F. 
A Town stormwater permit shall not be issued until and unless the applicant has complied with the procedures of the State Environmental Quality Review Act.
G. 
The Town stormwater permit shall expire upon completion of the acts specified and, unless otherwise indicated, shall be valid for a period of two years from the date of issue. Extensions may be granted by the approval authority upon written request of the applicant/developer. The approval authority may require a new application be filed if, in its judgment, the original intent of the permit is altered or extended by the renewal or if the applicant/developer has failed to abide by the terms of the original permit in any way.
H. 
The provision for obtaining a Town stormwater permit is in addition to the requirement of obtaining coverage under the SPDES General Permit for Construction Activities, if applicable.
I. 
Outstanding violations. No permit, certificate or approval shall be issued pursuant to this chapter if there is an outstanding violation or unpaid fine with regard to the property that is the subject of such application. Notwithstanding the above, a permit, certificate or approval may be issued to specifically address an outstanding violation or to address an immediate hazardous condition in the interest of the health, safety and welfare of the community. In the case of unpaid fines, no application shall be processed until such fine is paid.
[Added 11-9-2020 by L.L. No. 9-2020]