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 water-borne pollutants, including siltation of aquatic habitat 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 habitat.
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 baseflow.
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 this chapter and Chapter
75, Zoning, §
75-28.1, Stormwater control, 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 §
74-1 hereof. This chapter and Chapter
75, Zoning, §
75-28.1, Stormwater control, 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 or as amended or revised;
B. Require land development activities to conform to the
substantive requirements of the NYS Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit for Construction
Activities GP-02-01 or 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 streambank 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.
In accordance with Article 10 of the Municipal Home Rule Law of the
State of New York, the Town Board of the Town of Rosendale 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 Rosendale and for the protection
and enhancement of its physical environment. The Town Board of the Town of
Rosendale 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 this chapter and Chapter
75, Zoning, §
75-28.1, Stormwater control:
A. Agricultural activity as defined in this chapter and Chapter
75, Zoning, §
75-28.1, Stormwater control.
B. Silvicultural activity, except that landing areas and log haul roads are subject to this chapter and Chapter
75, Zoning, §
75-28.1, Stormwater control.
C. Routine maintenance activities that disturb fewer 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 Rosendale on or before the effective date of this chapter and Chapter
75, Zoning, §
75-28.1, Stormwater control.
F. Land development activities for which a building permit has been approved on or before the effective date of this chapter and Chapter
75, Zoning, §
75-28.1, Stormwater control.
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 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 Rosendale may require any person undertaking land development activities regulated by this chapter and Chapter
75, Zoning, §
75-28.1, Stormwater control, to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Rosendale or performed by a third party for the Town of Rosendale. These fees shall be determined by the Town Board of the Town of Rosendale, by resolution, which may be revised by it as it is deemed necessary, from time to time.