[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:
A.
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.
B.
Prevent decreases in groundwater recharge and stream
base flows, so as to maintain aquatic life, assimilative capacity,
and potential water supplies.
C.
Maintain the integrity of stream hydrology by preventing
stream channel erosion, so as to sustain the hydrologic functions
of streams.
D.
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.
E.
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:
The Building Inspector of the Village.
Includes:
All land clearing, land grading, and earth moving
projects:
Within 100 feet of a wetland;
On slopes which exceed 1 1/2 feet vertical
rise to 10 feet of horizontal distance (15% slope);
Within 100 feet of any watercourse; or
Within the one-hundred-year floodplain of any
watercourse delineated on the United States Department of Housing
and Urban Development Flood Hazard Maps.
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.
All projects that will result in 10% or more
of the site being changed from pervious to impervious surfaces.
All projects that will result in an increase
of 10,000 square feet or more of impervious surfaces.
All street construction.
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:
A.
Fulfilling the requirements of this section would
result in:
(1)
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
(2)
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:
(a)
The construction of an addition or other alteration
to an existing, legal single-family or two-family dwelling;
(b)
The construction of an addition or other alteration
to a single-family or two-family dwelling to legalize the dwelling;
(c)
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
(d)
The construction of a structure as an accessory
to an existing legal single-family or two-family dwelling; and
B.
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.
