It is hereby determined that:
A. Land development and 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 waterborne 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; and
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 is to establish minimum 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 §
106-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of
the NYS Department of Environmental Conservation State Pollutant Discharge
Elimination System (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 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. To the maximum extent practicable, minimize the total
annual volume of stormwater runoff which flows from any specific site during
and following development; 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 § 10 of the Municipal Home Rule Law of
the State of New York, the Town Board of the Town of Esopus 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 Esopus and for the protection
and enhancement of its physical environment. The Town Board of the Town of
Esopus 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 laws.
The following activities are exempt from review under this chapter:
A. Agricultural activity as defined in this chapter;
B. Silvicultural activity, except that logging operations under Town of Esopus Code Section §
123-11 and landing areas and log haul roads are subject to this chapter;
C. Routine maintenance activities that disturb less 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 received final approval by the Town of Esopus on or before the effective
date of this chapter and Town authorized construction has commenced;
F. Land development activities for which a building permit
has been approved on or before the effective date of this chapter;
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; and
K. Landscaping and horticultural activities in connection
with an existing structure.