This chapter shall be known as "Steep Slope
Protection and Stormwater Management."
A.
Findings of fact. It is hereby determined that:
(1)
Steep slopes have been and are in jeopardy of being
destroyed by unregulated regrading, filling, excavating, building,
clearing and other such acts that are inconsistent with the natural
condition or acceptable use of steep slopes. Steep slopes in Kent
are environmentally sensitive land forms and valuable natural resources
which are of benefit to the entire Town and the surrounding region.
The environmental sensitivity of steep slopes often results from such
features as shallow soils over bedrock, bedrock fractures, groundwater
seeps, and watercourses and wetlands found on or adjacent to steep
slope areas.
(2)
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;
(3)
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
(4)
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
(5)
The failure to properly control erosion and sediment
runoff results in excessive nutrient loading and sedimentation of
water bodies within the Town's watersheds, topsoil loss, vegetation
loss, altered drainage patterns, instability of soils, obstruction
of drainage structures, damage to surface and subsurface hydrology
and intensification of flooding. Further, improperly managed disturbance
of steep slopes can aggravate erosion and sedimentation beyond rates
experienced in natural geomorphological processes.
(6)
The failure to properly regulate large-scale clear-cutting
and land-clearing activities, particularly on steep slope areas, has
been shown to have dire short-term and long-term impacts on the wetlands,
streams, ponds and lakes that make up the unique environmental landscape
of the Town of Kent. In particular, uncontrolled runoff carrying soil,
organic material, and natural and man-made chemicals, metals and toxins
have been shown to have the following deleterious effects on the natural
and the built environment:
(a)
Destroy fish habitat through blanketing of fish spawning
and feeding areas.
(b)
Kill aquatic organisms required by fish by reducing
sunlight penetration through the water column.
(c)
Kill fish directly through gill abrasion and fin rot.
(d)
Reduce the recreational value of water and makes it
less attractive for swimming.
(e)
Increase risk to swimmers and boaters by impeding
search and rescue efforts as water turbidity increases.
(f)
Add to overall construction cost since new topsoil
and base materials must be brought in to make up the lost difference.
(g)
Add to taxpayer cost to remove accumulated soil from
catch basins and pipes.
(h)
Introduces toxic materials into water bodies which
contribute to algae blooms and degradation of drinking water sources,
which require the construction of new and/or enhanced water treatment
facilities to make water potable.
(7)
Uncontrolled disturbance of steep slopes and inadequately
controlled land-clearing activities on level and moderate slope areas
can lead to failure of slopes and the mass movement of earth; damage
to the natural environment, man-made structures and personal safety;
and the degradation of aesthetics. The establishment of regulatory
and conservational practices in these critical areas is needed to
protect the public health, safety and general welfare of the inhabitants
of the Town of Kent;
(8)
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
(9)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
(10)
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
(11)
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
(12)
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;
(13)
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.
B.
Purpose. The purpose of this chapter 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 § 66-2A above. This chapter seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum control measures
4 and 5 of the SPDES General Permit for Stormwater Discharges from
Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02,
as hereafter amended or revised;
(2)
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, as hereafter amended or
revised;
(3)
Preserve steep slopes to the greatest extent practicable
and to regulate their use to protect the public interest;
(4)
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;
(5)
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
(6)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable;
(7)
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; and
(8)
Ensure that all activities involving land clearing
and/or land disturbance in all areas of the Town are carried out so
as to ensure the maximization of benefits to the public and the residents
of the Town and the protection of the natural and man-made environment,
by ensuring that soil erosion is controlled to the maximum extent
practicable.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Town Board of the Town
of Kent 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 Kent and for the protection and enhancement of its
physical environment. The Town Board of the Town of Kent 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.
