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 habitats 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 habitats.
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 Chapter
300, Zoning, §
300-45, and 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 §
255-1 hereof. Chapter
300, Zoning, §
300-45, and this chapter seek 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, as amended or revised;
B. Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities, GP-02-01, 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 stream bank 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.
[Added 6-25-2020 by L.L.
No. 3-2020]
Stormwater management and erosion and sediment control in the Town of Macedon must comply with the requirements of this chapter and the stormwater management requirements set forth in Chapter
300, Zoning, §
300-45, of the Town of Macedon Code.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Town Board of Macedon has 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 Macedon and for
the protection and enhancement of its physical environment. The Town
Board of Macedon may include in any such local law provisions for
the appointment of any municipal officer, employees, or independent
contractor to effectuate, administer and enforce such local law.
The following activities may be exempt from review under Chapter
300, Zoning, §
300-45, and this chapter.
A. Agricultural activity as defined in Chapter
300, Zoning, §
300-8.
B. Silvicultural activity, except that landing areas and log haul roads are subject to Chapter
300, Zoning, §
300-45, and 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 Macedon on or before September 19, 2007.
[Amended 6-25-2020 by L.L. No. 3-2020]
F. Land development activities for which a building permit has been
approved on or before September 19, 2007.
[Amended 6-25-2020 by L.L. No. 3-2020]
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.
The Town of Macedon may require any person undertaking land development activities regulated by Chapter
300, Zoning, §
300-45, and this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Macedon or performed by a third party for the Town of Macedon.