A. 
This chapter shall be applicable to all land development activities as defined in § 197-4.
B. 
The municipality shall, by resolution, designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may:
(1) 
Review the plans; or
(2) 
Upon approval of the Town Board, engage the services of a registered professional engineer and/or a licensed certified professional to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by the Town Board. The Town Board may require the owner/operator to pay for the aforesaid review in advance by establishment of an escrow account.
C. 
All land development activities subject to review and approval by the applicable board of the Town pursuant to subdivision, site plan, and/or special permit regulations shall be reviewed subject to the standards contained in this chapter. The review of the stormwater pollution prevention plan (SWPPP) shall run concurrently with the procedure for review, approval and permitting under the other above noted regulations.
[Amended 5-23-2018 by L.L. No. 6-2018]
D. 
All land development activities not subject to review as stated in § 197-5C, above, shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP in consultation with the Town's Consulting Engineer and/or other consultant and in accordance with the requirements of this chapter.
The following activities are exempt from review under this chapter.
A. 
Agricultural activity as defined in § 197-4 of this chapter.
B. 
Silvicultural activity, except that landing areas and log haul roads are subject to this chapter.
C. 
Routine maintenance activities that disturb less than five acres, to be determined in consultation with the Stormwater Management Officer, 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, Town Engineer, and/or Town Highway Superintendent.
E. 
Any part of a subdivision if a plat for the subdivision has been approved by the Planning Board of the Town on or before the effective date of this chapter.
F. 
Land development activities for which a building permit has been approved on or before the effective date of this chapter.
G. 
Cemetery graves.
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, vegetable and other plants solely for use by that person and his or her family.
K. 
Landscaping and horticultural activities in connection with an existing structure.