Town of New Paltz, NY Article I General Provisions

§ 116-1 Findings of fact.

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 and an increase in the water temperature, which are detrimental to 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. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;

E. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation;

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. Proper design, construction and maintenance of stormwater management practices can greatly increase their effectiveness in water quality treatment and water quantity control;

I. Green infrastructure is an effective and desirable method to reduce impacts from stormwater runoff and should be implemented in order to restore natural hydrologic regimes, increase infiltration, slow water, and protect communities from the risks associated with stormwater runoff and soil erosion;

J. Stormwater management practices involving infiltration recharge the groundwater table and provide a high degree of water quality treatment;

K. Stormwater practices involving bioretention provide a high degree of water quality treatment;

L. 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;

M. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development more 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;

N. Climate change and the increased risk of severe storms with the capacity to increase stormwater runoff and soil erosion pose a significant threat to a community's sustainability and the safety of its citizens through potential increases in pollution of its waterways and damage to infrastructure, economic assets, and natural resources;

O. Stream buffers and vegetated floodplains treat stormwater, improve water quality, reduce floodwater velocity, and provide a right-of-way for flood events; and

P. Fitting the development design to the terrain and avoiding steep slopes, floodplains, and wetlands helps to preserve the natural hydrology and drainageways of a site, reduces the need for grading and land disturbance, and provides a framework for site design and layout.

§ 116-2 Purpose.

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 Town of New Paltz and to address the findings of fact in § 116-1 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 current version of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from municipal separate sewer systems (MS4s);

B. Require regulated land development activities to conform to the substantive requirements of the most current version of the NYS Department of Environmental Conservation (SPDES) General Permit for Construction Activities;

C. Encourage the use of green infrastructure practices as part of all land development activities, but especially those activities requiring site plan or subdivision plan approval, to control stormwater runoff, protect natural areas, reduce impervious cover, maintain natural hydrology, and using runoff reduction techniques to the maximum extent practicable;

D. Require that regulated land development activities be designed so that there is no net increase in stormwater runoff from those activities in order to reduce flooding, siltation, increases in stream temperature and stream bank erosion and maintain the integrity of stream channels;

E. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality and harm fish and wildlife habitats;

F. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable;

G. 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;

H. Adapt to current and projected climate change impacts, decrease risk of storm-related flooding, and increased resilience to severe storm surge; and

I. Reduce the impact on the environment, protect water quality, reduce the potential for erosion and protect sensitive habitats by locating development away from floodplains, ecologically sensitive areas, and permeable soils to the extent practicable, and limiting the amount of clearing and grading.

§ 116-3 Statutory authority.

This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law of the State of New York, which gives the Town Board of New Paltz the authority to enact local laws and amend local laws, for the purpose of promoting the health, safety or general welfare of the Town of New Paltz and for the protection and enhancement of its physical environment. The Town Board of New Paltz may appoint municipal officers, employees, or independent contractors to effectuate, administer and enforce such local law.

§ 116-4 Applicability.

A. This chapter shall be applicable to all water discharged into the MS4 of the Town of New Paltz that is generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

B. This chapter shall be applicable to all land development activities as defined in Article II, § 116-6.

C. The municipality shall designate a Stormwater Management Officer ("SMO"), who shall accept and review all stormwater pollution prevention plans (SWPPPs) and forward such plans to the applicable municipal board. The Stormwater Management Officer shall engage the services of the designated Town Engineer to review the plans, specifications and related documents at a cost established in accordance with a fee structure that is periodically updated and adopted by the Town Board, the cost of the review being reimbursable to the Town by the applicant.

D. All land development activities subject to review and approval by the Town Planning Board pursuant to the subdivision and site plan regulations of this Code[1] shall also be reviewed subject to the standards contained in this chapter.

[1] Editor's Note: See Ch. 121, Subdivision of Land.

E. All land development activities not subject to review as stated in § 116-4D and not listed as an exempt activity in § 116-5 herein shall be required to submit a SWPPP to the SMO, who will then engage the services of the designated Town Engineer as necessary to review the submitted SWPPP. After considering the review and recommendations of the Town Engineer, the SMO shall accept the SWPPP if it complies with the requirements of this chapter.

§ 116-5 Exemptions.

The following activities are exempt from review under this chapter:

A. Agricultural activity, as defined in this chapter;

B. Silviculture activity, except that landing areas on log haul roads are subject to this chapter;

C. Routine maintenance activities that disturb less than one acre of land 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 SMO, after consultation with the Town Engineer, to accomplish the purposes of this chapter;

E. Any construction on a lot shown on a plat of subdivision or a site plan which has received final approval by the Town of New Paltz and on which construction has commenced or for which a building permit was properly issued on or before the effective date of this chapter, and remains valid. However, site plans and subdivisions, or any part thereof, that have received final approval by the Town of New Paltz and construction has not commenced on or before the effective date of this chapter shall comply to the maximum extent practicable with the applicable requirements of this chapter, as directed by the SMO and the Town Engineer;

F. Land development activities being conducted on land not incorporated within an approved subdivision, but for which a building permit has been approved on or before the effective date of this chapter, and which permit remains valid.

G. Cemetery graves;

H. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

I. Emergency activities determined by the Town Board to require immediate implementation in order 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 and/or existing site improvements.