A.
The Town of Pawling finds that land development activities, associated
increases in site impervious cover, disturbances to the natural vegetative
cover, and changes to the topography of the land can often alter the
hydrologic response of local watersheds and increase stormwater runoff
rates and volumes. These changes to the hydrology of the watershed
can cause an increase in flooding, stream bank erosion, impairment
to aquatic resources from silt or other pollutants, degradation of
water quality and a loss of wildlife habitat. Land development activities
can also cause unchecked erosion, sediment transport and deposition
which can impair aquatic resources, clog drainageways and cause increased
flooding. The potential impairment of the Town's natural resources
caused by unchecked erosion, sedimentation and increased stormwater
runoff results in a significant economic and social loss to the community.
It is the purpose of this chapter to protect the public health, safety
and welfare in the Town of Pawling, and its aquatic resources, by
establishing minimum requirements for stormwater management, preventing
erosion and controlling sedimentation for activities which cause changes
to the watershed hydrology and may increase erosion and sediment transport,
including but not limited to construction activities, land alterations
including excavation, filling, grading, land stripping and tree clearing,
and increases in the rate of stormwater runoff. The Town of Pawling
resolves to:
(1)
Preserve the quality of the natural environment from the effects
of site preparation and construction, such as:
(a)
Pollution of lakes, ponds and watercourses from silt or other
material.
(b)
Unnecessary destruction of trees and other vegetation.
(c)
Excessive exposure of soil to erosion.
(d)
Unnecessary modification of natural topography or unique geological
features.
(e)
Failure to restore sites to attractive natural condition.
(2)
Protect people and property from the adverse effects that can be
associated with improper site preparation and/or construction, such
as:
(3)
Protect the Town and other governmental bodies from having to undertake,
at public obligation, increased maintenance of stormwater management
practices, programs of repairing roads and other public facilities,
of providing flood protection facilities and of compensating private
property owners for the destruction of properties arising from the
adverse effects of improper site preparation and construction.
(4)
Ensure that site preparation and construction are consistent with
the Comprehensive Plan of the Town of Pawling.
(5)
Regulate land development activities by means of performance standards
governing stormwater management, erosion and sediment control and
site design to produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of stormwater runoff from changes in the natural conditions
due to development
B.
To accomplish the aforementioned purposes, the Town Board of the
Town of Pawling has promulgated standards and regulations listed herein
which seek to achieve the following objectives:
(1)
Minimize increases in peak rate of 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.
(2)
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality.
(3)
Minimize the total volume of stormwater runoff which flows from any
specific site during and following development to the maximum extent
practicable in order to minimize the economic impact of installation,
operation and maintenance of drainage facilities.
(4)
Reduce soil erosion and sediment transport, wherever possible, through
appropriate structural and nonstructural best management practices
(BMPs), and to ensure that these management practices are properly
maintained to eliminate threats to public safety.
(5)
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-0-10-02, or as amended or revised.
(6)
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, or as amended or revised.
In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the Town Board of the Town of Pawling has
the authority to enact local laws for the purpose of promoting the
health, safety and general welfare of the Town of Pawling, including
the protection and preservation of the property of its inhabitants.
By the same authority, the Town Board may include in any such law
a provision for the appointment of a municipal officer or employee
to effectuate, administer and enforce such law as the Stormwater Management
Officer.
As used in this chapter, the following terms shall have the
meanings indicated:
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic, habitat and industrial
use) are impaired by pollutants, prepared periodically by the New
York State Department of Environmental Conservation as required by
Section 303(d) of the Clean water Act. 303(d) listed waters are estuaries,
lakes and streams that fall short of the state surface water quality
standards and are not expected to improve within the next two years.
All activities directly related to the grazing, growing or
raising of crops or livestock, including but not limited to horticultural
and fruit production, but not including timber harvesting, provided
that such activities are conducted on 10 acres or more and produce
a gross income of at least $10,000 per year.
Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof, who has a request for a permit to conduct a regulated activity before the Code Enforcement Officer or who has an application pending pursuant to § 171-7 of this chapter before the Planning Board.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures and practices
to control runoff, spillage or leaks, sludge or water disposal, or
drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and subsequent amendments thereto.
Complete cutting and removing of an entire stand of trees
replaced by natural or planted regeneration.
Any activity that removes the vegetative surface cover.
The individual designated by the Town Board of the Town of
Pawling, and charged with the enforcement of zoning, building and
fire codes.
Where multiple construction activities are occurring, or
will occur, whether in stages or phases on a contiguous area.
An application which has been declared to be complete by
the Stormwater Management Officer or which has been deemed complete
as a result of the Stormwater Management Officer's failure to
evaluate it for completeness within the required time period.
Activities requiring authorization under SPDES Permit for
Stormwater Discharges from Construction Activity, GP 0-10-001, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres, or in the East
of Hudson Croton Watershed, land development activities equal to or
greater than 5,000 square feet. Such activities include but are not
limited to clearing and grubbing, grading, excavating and demolition.
A complete application shall be deemed received by the Planning Board on the date of the first regular meeting of the Planning Board following the filing of the complete application and supporting plans with the Planning Board pursuant to the provisions of § 171-7 of this chapter.
The Dutchess County Soil and Water Conservation District.
To fill, place, eject or dump any material, but not including
stormwater.
New York State licensed professional engineer or licensed
architect.
Means that runoff flows from a construction site by overland
flow and the first point of discharge is the specific surface waterbody,
or runoff flows from a construction site to a separate storm system
and the first point of discharge from separate storm system is the
specific surface waterbody.
Site preparation or removal of vegetation, including but
not limited to blasting, grading, excavation and filling and/or construction
activities, including but not limited to the building of structures
and driveways.
The gravitational movement of water or other liquids by surface
runoff or overland surface flow.
That form of approval required to conduct regulated activities
involving land development, timber harvesting, stormwater, soil erosion
and sediment control, and any activity within wetland, watercourse
or controlled area.
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
All activities and practices which contribute to the growing
or raising of crops, livestock and livestock products as a commercial
enterprise, including a commercial horse boarding operation
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds, wetlands or watercourses.
When all soil disturbing activities at the site have been
completed and a uniform perennial vegetative cover with a density
of 80% has been established or equivalent stabilization measures (such
as the use of mulches, riprap or geotextiles) have been employed on
all areas not permanently improved by pavement, concrete or structures.
An ecosystem supporting a dense growth of trees. Fencerows
alone do not constitute a forest system.
The alteration or reshaping of the surface or subsurface
conditions of land, lakes, ponds, wetlands or watercourses by excavation
or filling.
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property or the environment when improperly treated,
stored, transported, disposed of or otherwise managed.
Those surfaces in the urban landscape which do not have a
permanent vegetative cover and/or cannot effectively infiltrate rainfall,
including but not limited to building rooftops, pavement, sidewalks,
driveways and roads with a surface of compacted dirt or gravel, asphalt
or concrete, decks and swimming pools.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility that
treats sewage or other liquid wastes for discharges into groundwater
of New York State, except where a permit for such a facility is required
under the applicable provision of Article 17 of the Environmental
Conservation Law (ECL).
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-0-06-002, as amended
or revised
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyance which allows any nonstormwater discharge including
treated or untreated sewage, process wastewater and wash water to
enter the MS4 and any connection to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted or approved by an authorized enforcement
agency.
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in the plans, maps
or equivalent records and approved by an unauthorized enforcement
agency.
Any direct or indirect nonstormwater discharge to the MS4.
Any land or soil disturbance covered by this chapter.
Same as "environmental permit."
Municipal separate storm system.
The application of a layer of organic material such as wood
chips, hay, pine bark or other material at a sufficient thickness
for the purpose of effectively controlling erosion.
An MS4 is defined as a conveyance or system of conveyances
owned by a state, city, town, village, borough, county, parish district,
association or other public entity (created by or pursuant to state
law) that discharges to the waters of the United States and is designed
or used to collect/convey stormwater (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels or storm drains). An MS4 is not a combined sewer,
and is also not part of a publicly owned treatment works (i.e., sewage
treatment plant).
The national system for the issuance of wastewater and stormwater
permits under the Federal Water Pollution Control Act (Clean Water
Act).
Any discharge to the MS4 that is not composed entirely of
stormwater.
New York City Department of Environmental Protection.
New York State Department of Environmental Conservation.
A designated lot, tract or area of land to be used, disturbed,
developed or built upon as a unit.
Any individual, organization, person, firm, partnership,
association, corporation, company or legal entity of any kind, including
any political subdivision of the state recognized by law and acting
as either the owner or as owner's agent.
The duly appointed Planning Board of the Town of Pawling.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water, which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards as defined by NYSDEC in
its regulations.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
The reconstruction or modification of any previously developed
land, regardless of use, which involves disturbance to soil or its
existing overlaying cover.
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from
its site of origin by erosion.
The activities of stripping, excavation, filling and grading,
no matter what the purpose of these activities.
Land with a topographic gradient usually expressed as percent
slope, the percent being calculated by measuring vertical elevation
relative to horizontal distance. A slope of 25% means a twenty-five-foot
rise in elevation from one point to another along a one-hundred-foot
horizontal plane (calculated as: twenty-five-foot rise over one-hundred-foot
horizontal distance equals twenty-five-percent slope).
All unconsolidated mineral or nonliving organic material
of whatever origin which overlies bedrock.
Discharge compliance with water quality standards. The condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under its MS4 permit may have caused or has
the reasonable potential to cause or contribute to the violation of
an applicable water quality standard. Under this condition the municipality
must take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
303(d) listed waters. The condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d) listed
water. Under this condition the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)
listed water.
Total maximum daily load (TMDL) strategy. The condition in the
municipality's MS4 permit where the TMDL including requirements
for control of stormwater discharges has been approved by the EPA
for a waterbody or watershed into which the MS4 discharges. If the
discharge from the MS4 did not meet the TMDL stormwater allocations
prior to September 10, 2003, the municipality was required to modify
its stormwater management program to ensure that reduction of the
pollutant of concern specified in the TMDL is achieved.
The conditions in the municipality's MS4 permit that applies
if a TMDL is approved in the future by EPA for any waterbody or watershed
into which an MS4 discharges. Under this condition the municipality
must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 is not meeting the
TMDL stormwater allocation, the municipality must, within six months
of the TMDL's approval, modify its stormwater management program
to ensure that reduction of the pollutant of concern specified in
the TMDL is achieved.
The system established pursuant to Article 17 of the ECL
and 6 NYCRR Part 750 for issuance of permits authorizing discharges
to the waters of the state.
Any slope with topographic gradient of 25% or higher.
An employee or officer designated by the Town Board of the
Town of Pawling to enforce this chapter. The SMO may also be designated
by the municipality to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect
stormwater management practices.
Any activity which removes or significantly disturbs trees,
brush, grass or any other kind of vegetation.
The stormwater pollution prevention plan.
Total maximum daily load.
The natural surface layer of soil, usually darker than subsurface
layers, to a depth of at least six inches within an undisturbed area
of soils.
The maximum amount of a pollutant to be allowed to be released
into a waterbody so as not to impair uses of the water, allocated
among the sources of the pollutant.
The duly elected Town Board of the Town of Pawling.
The duly elected Town Clerk of the Town of Pawling.
Any person or firm employed by the Town of Pawling as the
Town Engineer.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
Any natural or artificial pond, lake, reservoir or other
area containing a surface area of over 1,000 square feet and which
usually or intermittently contains water and has a discernible shoreline.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drainageway, gully, ravine or wash in which
water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel, bed and bank
and any area adjacent thereto subject to inundation by reason of overflow,
flood or stormwater. For the purpose of this chapter of the Town Code,
the term "watercourse" shall be deemed to include ponds and lakes.
Any wetlands, as that term is defined in Chapter 111, Freshwater Wetlands and Watercourse Protection, of the Code of the Town of Pawling.
Where this chapter imposes greater restrictions than are imposed
by the provision of any other law, ordinance, regulation or private
agreement, this chapter shall control. Where greater restrictions
are imposed by any other law, ordinance, regulation or private agreement
than are imposed by this chapter, such greater restriction shall control.
