[Adopted 4-15-2003 by L.L. No. 8-2003 (Ch. 98A of the 1976 Code)]
The Board finds that appropriate erosion and sediment controls must be adopted by the Village to comply with the New York State Stormwater Pollution Plan in conjunction with the State Pollutant Discharge Elimination System and to:
Prevent increases in the volume and flow of stormwater runoff associated with new development, so as to prevent an increase in the hazards and costs associated with flooding.
Prevent decreases in groundwater recharge and stream base flows, so as to maintain aquatic life, assimilative capacity, and potential water supplies.
Maintain the integrity of stream hydrology by preventing stream channel erosion, so as to sustain the hydrologic functions of streams.
Reduce the pollutant load in stormwater runoff from developing and urbanizing areas, so as to perpetuate the natural biological functions of streams and other receiving water bodies.
Secure, to the extent practical, multiple community benefits such as open-space protection, increased recreational opportunity, and enhanced landscaping from stormwater management facilities.
As used in this article, the following terms shall have the meanings indicated:
- BUILDING INSPECTOR
- The Building Inspector of the Village.
- SITE PREPARATION
- A. All land clearing, land grading, and earth moving projects:
- (1) Within 100 feet of a wetland;
- (2) On slopes which exceed 1 1/2 feet vertical rise to 10 feet of horizontal distance (15% slope);
- (3) Within 100 feet of any watercourse; or
- (4) Within the one-hundred-year floodplain of any watercourse delineated on the United States Department of Housing and Urban Development Flood Hazard Maps.
- B. All excavating and/or filling projects which involve the removal or the importation of 100 cubic yards or more of material from or onto the site.
- C. All projects that will result in 10% or more of the site being changed from pervious to impervious surfaces.
- D. All projects that will result in an increase of 10,000 square feet or more of impervious surfaces.
- E. All street construction.
- SUBSTANTIAL RENOVATION
- Any renovation involving 50% or more of the site.
[Amended 3-20-2007 by L.L. No. 7-2007]
To the extent applicable, all site work pursuant to this article shall conform as well to the provisions of and be consistent with the requirements of Chapter 480 of this Code. To the extent that any of the documentation required to be filed with, approved by, or inspected by the SMO as set forth in said chapter is redundant with the provisions of this article and the duties of the Building Inspector in this article, the requirements of said chapter shall, to the extent that they are in conflict, supersede those provisions of this article, and the SMO shall perform all of the duties and have all of the powers of the Building Inspector as set forth in this article. Notwithstanding anything herein to the contrary, the more stringent of the requirements of this article and said chapter shall govern.
[Amended 4-4-2006 by L.L. No. 6-2006; 3-20-2007 by L.L. No. 7-2007; 10-25-2016 by L.L. No. 3-2016]
All of the sites upon which new dwellings, offices, commercial establishments, or other new principal buildings are to be built, or where substantial renovation is to take place, shall be improved so that, as to each site, all stormwater generated on the site from a three-inch rainfall during a twenty-four-hour period will be retained entirely on such site. In a subdivision, each lot or parcel on the approved final plat shall be deemed a separate site. Notwithstanding the foregoing, a waiver from all or a portion of the stormwater retention requirements of this section with regard to nonimpervious surfaces may be granted by the Planning Board or the Board of Appeals upon a showing that:
Fulfilling the requirements of this section would result in:
A significant alteration of what would otherwise be undisturbed land, thereby creating a loss of significant trees and other vegetation, which, when balancing such loss against the provision of such stormwater retention, would not be in the best interests of the adjacent properties and/or the Village as a whole; or
A significant economic hardship, because, among other things, of steep slopes or significant retaining walls or other existing structures in close proximity to adjacent property lines, and so long as such hardship is not based upon a subdivision of land or upon the impermeability of the soil, with regard to either:
The construction of an addition or other alteration to an existing, legal single-family or two-family dwelling;
The construction of an addition or other alteration to a single-family or two-family dwelling to legalize the dwelling;
The demolition of an existing single-family or two-family dwelling and the construction of a new single-family or two-family dwelling on the same lot; or
The construction of a structure as an accessory to an existing legal single-family or two-family dwelling; and
Neither the granting of such waiver nor the construction to be performed as a result of such grant will result in a violation of any federal or New York State laws, rules, or regulations with regard to erosion, sediment, and/or stormwater control.
The erosion and sediment control requirements set forth in this section are intended to be supplementary and in addition to the requirements imposed by the state of New York and the federal government in their respective regulations with regard to state pollutant discharge elimination systems and other erosion and sediment control regulations. In the event that there is any conflict between the requirements set forth herein and any applicable State of New York or federal laws, rules, or regulations, the stricter of the provisions shall control. This section is not intended to supersede or otherwise limit such state or federal requirements.