The provisions of this chapter shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
and welfare. Whenever the requirements of this chapter are at variance
with the requirements of any other lawfully adopted rules, regulations,
or ordinances, the most restrictive, or that imposing the higher standards,
shall govern.
The following activities are exempted from permit requirements:
A. Agricultural or farm activities as defined in this chapter.
B. Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
C. Governmental activities to the extent such activities are exempted
by law.
D. Routine maintenance activities that disturb less than 5,000 square
feet and are performed to maintain the original line and grade or
hydraulic capacity.
E. Emergency activity immediately necessary to protect life, property
or natural resources.
F. 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.
G. Landscaping and horticultural activities in connection with an existing
structure.
H. Installation, repair or replacement of aboveground and underground
utilities.
I. The installation of a driveway for one single-family residential
structure.
Before any land development activities requiring a stormwater management permit under §
171-8B is commenced, three copies of a permit application shall have been filed with the SMO. Applications involving land development activity requiring a permit shall be reviewed and approved by the Town Planning Board as regulated by Chapter
173 for subdivision of land; and under §
200-69 for site plan approval.
For the purpose of this chapter, the following documents shall
serve as the official guides and specifications for the TSWPPP. Stormwater
management practices that are designed and constructed in accordance
with these technical documents shall be presumed to meet the standards
imposed by this law.
A. The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
B. New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
most current version or its successor, hereafter referred to as the
"Erosion Control Manual").
C. Town of Richmond Design Criteria and Construction Specifications
for Land Development.
D. Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in Honeoye Lake.
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in §
171-10, and the TSWPPP shall be prepared by a licensed professional.