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 baseflow;
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 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 this jurisdiction and to address the findings of fact in § 30D-1 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
New York State 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, 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 chapter is adopted pursuant to the Authority granted by § 10 of the Municipal Home Rule Law of the State of New York.
A.
This chapter shall be applicable to all land development
activities as defined in this chapter.
B.
The Town of Orangetown has designated 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:
(1)
Review the plans;
(2)
Upon approval by the Town Board of the Town of Orangetown,
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
(3)
Accept the certification of a licensed professional that
the plans conform to the requirements of this chapter.
C.
All land development activities subject to review and approval
by the Town Board, Planning Board and/or Zoning Board of Appeals of
the Town of Orangetown under subdivision, site plan, and/or special
permit regulations shall be reviewed subject to the standards contained
in this chapter.
The following activities may be exempt from review under this
chapter.
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, 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.
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 Town of Orangetown 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.
