It is hereby determined that:
A. Land development activities and associated increases
in site impervious cover often after 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 waterborne pollutants, including siltation of aquatic habitats
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 habitats;
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
base flow;
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 article and Article
II 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 §
168-1 hereof. This article and Article
II, seeks 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-0-15-003,
as amended or revised;
[Amended 6-13-2017 by L.L. No. 6-2017]
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-0-15-002, as amended
or revised;
[Amended 6-13-2017 by L.L. No. 6-2017]
C. Minimize increases in 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;
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.
[Amended 6-13-2017 by L.L. No. 6-2017]
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Village of Monroe Board
of Trustees has the authority to enact local laws and amend local
laws for the purpose of promoting the health, safety or general welfare
of the Village of Monroe and for the protection and enhancement of
its physical environment. The Village of Monroe Board of Trustees
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.
[Amended 6-13-2017 by L.L. No. 6-2017]
A. This article and Article
II, shall be applicable to all land development activities as defined in §
168-11.
B. The municipality shall 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 shall review the plans, and may, upon approval by the Village Board of the Village of Monroe, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost paid from an escrow account established pursuant to Chapter
98, Fees, Consultant, or pursuant to the Schedule of Fees adopted by the Village Board, or, at the Stormwater Management Officer’s discretion, or accept the certification of a licensed professional that the plans conform to the requirements of this article and Article
II.
C. All land development activities subject to review and approval by the Planning Board of the Village of Monroe under subdivision, site plan, and/or special permit regulations shall be reviewed subject to the standards contained in this article and Article
II.
D. All land development activities not subject to review as stated in Subsection
C shall be required to submit a stormwater pollution prevention plan (SWPPP) if required under the NYS DEC General SPDES Permit to the Stormwater Management Officer who shall accept the SWPPP if it complies with the requirements of this chapter.
The following activities may be exempt from review under this article and Article
II.
A. Agricultural activity as defined in §
168-11.
[Amended 6-13-2017 by L.L. No. 6-2017]
B. Silvicultural activity except that landing areas and log haul roads are subject to this article and Article
II.
C. Routine maintenance activities (pavement repair, lawn
maintenance, cleaning of storm drainage structures and systems, etc.)
that disturb less than five acres and are performed to maintain the
original line and grade, hydraulic capacity or original purpose of
a facility.
[Amended 6-13-2017 by L.L. No. 6-2017]
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 and a building permit issued by the Village of Monroe on or before the effective date of this article and Article
II. Said subdivision shall still comply with the maintenance requirements of the facilities reviewed and approved under the provisions then in effect by the reviewing agency and erosion and sediment control standards to prevent runoff from the site.
[Amended 6-13-2017 by L.L. No. 6-2017]
F. Land development activities for which a building permit has been approved on or before the effective date of this article and Article
II with the exception of the maintenance requirements of the facilities reviewed and approved by the reviewing agency.
[Amended 6-13-2017 by L.L. No. 6-2017]
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, vegetables 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.
L. Development
of single-family homes on lots of less than one acre.
[Added 6-13-2017 by L.L.
No. 6-2017]
[Amended 6-13-2017 by L.L. No. 6-2017]
The Village of Monroe may require any person undertaking land development activities regulated by this article and Article
II, and related stormwater management provisions in Chapters
175 and
200, entitled "Subdivision of Land" and "Zoning," respectively, to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of Monroe or performed by a third party for the Village of Monroe.
[Added 6-13-2017 by L.L.
No. 6-2017]
A. Termination
of project coverage under the SPDES General Permit for Construction
Activity may be completed by the owner under the following conditions
as described in GP-0-15-002:
(1) Total
project completion.
(2) Planned
shutdown with partial project completion.
(3) Transfer
coverage to new owner.
B. The owner shall file a notice of termination (NOT) with the NYSDEC when any of the above conditions are met. When termination is due to condition Subsection
A(1) or
(2) above, the NOT must be reviewed and signed by the MS4, Village of Monroe, prior to filing with the NYSDEC.