As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURE The use of land for agricultural purposes, including farming, dairying, pasturage, horse boarding, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing product; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agriculture activities.
APPLICATION FOR DEVELOPMENT An application associated with a subdivision, planned unit development, average density development, special permit, or any other project for which the Planning Board conducts a site plan review that will result in new construction and/or the disturbance of existing grades and contours of the land.
CHANNEL A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING Any activity that removes the vegetative ground cover and/or trees including, but limited to, root mat removal and/ or topsoil removal.
DESIGN MANUAL The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER A. Any person, firm, corporation, partnership, or association who shall file an application for development with the Town.
B. Any person, firm, corporation, partnership, or association who shall physically alter a site which has been approved for development.
C. Any person, firm, corporation, partnership or association that has the day-to-day operational control of those activities at a project which are necessary to ensure compliance with an SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or to comply with other permit conditions).
D. Any owner of any land approved for development.
EROSION The wearing away of the land surface by action of wind, water, gravity, or other natural forces.
EROSION AND SEDIMENT CONTROL PLAN A set of plans prepared by or under the direction of a licensed/certified professional indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
EROSION CONTROL MANUAL The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, most commonly known as the "Blue Book."
EXCAVATION Digging, scooping or other methods of removing earth materials.
GRADING Excavation of fill, rock, gravel, sand, soil or other natural material, including the resulting conditions therefrom.
LAND DEVELOPMENT ACTIVITY Construction activity, including clearing, grading, excavating, soil disturbance, or placement of fill, resulting in land disturbance of equal to or greater than 1/2 acre. Also includes activities disturbing less than 1/2 acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDSCAPING Any additions or modifications to the natural features of a site to restore construction disturbance and to make it more attractive, as by adding lawns, trees, and shrubs to the natural environment.
MAJOR PROJECT Any land development activity that disturbs one acre or more, including all commercial, industrial, or mixed-use development, as well as any residential development consisting of buildings that contain two or more dwelling units, or any land development activity not classified as a minor project. (The operator of a major project must submit an SWPPP that addresses water quality and quantity controls in addition to erosion and sediment controls.)
MINOR PROJECT Any land development activity associated with a permitted agricultural use or single-family residential construction/subdivision that disturbs between 1/2 acre and five acres and is not discharging stormwater directly to a water body listed on the New York State 2002 Section 303(d) list of impaired water bodies. Any nonresidential project that disturbs 1/2 acre to one acre shall be considered a minor project. (The operator of a minor project must submit an SWPPP that addresses erosion and sediment controls.)
NOTICE OF INTENT (NOI) A permit application prepared and filed by an owner or developer with the Department of Environmental Conservation as an affirmation that a stormwater pollution prevention plan (SWPPP) has been prepared and will be implemented in compliance with the State Pollution Discharge Elimination System general permit for stormwater runoff from construction activity (GP-02-01).
PHASING Development activities on a parcel of land performed in distinct sections, with the stabilization of each section completed before development of the next.
SEDIMENT Solid material, both mineral and organic, which is in suspension, is being transported, has been deposited, or has been removed from its site of origin.
SEDIMENT CONTROL A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
SITE DEVELOPMENT PERMIT A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.
STABILIZATION Covering or maintaining an existing cover or soil. Cover can be vegetative (e.g., grass, trees, seed and mulch, shrubs, or turf) or nonvegetative (e.g., geotextiles, riprap, or gabions).
STABILIZATION (FINAL) 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 or geotextiles) have been employed on all unpaved areas and areas not covered by permanent structures.
START OF CONSTRUCTION The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling.
STEEP SLOPES Ground areas with a slope greater than 15% covering a minimum horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal dimension of 10 feet. Severe slopes include ground area with a slope greater than 25%.
STORMWATER MANAGEMENT The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources, and the environment.
STORMWATER MANAGEMENT OFFICER An employee designated by the municipality to accept and review stormwater pollution prevention plans, forward plans to the applicable municipal board(s) and inspect stormwater management practices.
VEGETATIVE BUFFER A transitional vegetated area located between upland and aquatic habitats. For the purposes of this chapter, it shall be considered the strip of natural and/or managed vegetation 25 feet, measured horizontally, from a designated U.S. Army Corps of Engineers wetland and 100 feet, measured horizontally, from a designated NYS Department of Environmental Conservation wetland.
WATERCOURSE Any body of water, either natural or man-made, including but not limited to lakes, ponds, rivers, streams, tributaries, drainageways, and intermittent streams.
WATERCOURSE BUFFER A horizontal distance of 50 feet away from and parallel to the mean high water level of a watercourse.
WETLANDS Those areas that are inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include those areas determined to be wetlands by the U.S. Army Corps of Engineers and the NYS Department of Environmental Conservation.
Unless specifically exempted in Subsection A below, no person, corporation, or other legal entity shall engage in land clearing or grading in the Town without having received a site development permit from the Town of Niskayuna Department of Engineering (DOE). Depending upon the project, this permit may require approval of a stormwater pollution prevention plan (SWPPP).
A. No SWPPP is required for the following exempt activities:
(1) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(2) Agricultural operations conducted as a permitted principal or accessory use.
(3) Construction activities on property used for agriculture or silvaculture involving a disturbance of less than five acres.
(4) The renovation/replacement of a septic system serving an existing dwelling or structure.
(5) 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.
(6) Repairs to any stormwater management practice or facility deemed necessary.
(8) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles.
B. Applicants must also obtain all other permits required by state, federal, and local laws. Whenever the particular circumstances of proposed land development activity require compliance with special use permits, site plan review, or subdivision procedures of the Town of Niskayuna, the Town Board and the Planning Board should make every effort possible to integrate the requirements prescribed herein as appropriate and determine the adequacy of the SWPPP.
The SWPPP shall be prepared by a licensed/certified professional. The SWPPP must be signed by the professional preparing the plan and shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that false statements made herein are punishable as a class A misdemeanor pursuant to Section 210.45 of the Penal Law."
The SWPPP must clearly identify the contractor(s) and subcontractor that will implement each stormwater and erosion control measure. All contractors and subcontractors identified in the SWPPP shall sign a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the SWPPP for the construction site identified in such SWPPP as a condition of authorization to discharge stormwater. I also understand that the operator must comply with the terms and conditions of the New York State Pollutant Discharge Elimination System (SPDES) general permit for stormwater discharges from construction activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards."
All land development activities shall be subject to the following design and performance standards:
A. For the purpose of this chapter, the following documents shall serve as the official guides and standards for stormwater management; stormwater management practices in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter: Land development activities, as defined herein, including grading, erosion, and sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the New York Standards and Specifications for Erosion and Sediment Control published by the Empire State Chapter of the Soil and Water Conservation Society. For the design of postconstruction stormwater management practices, the technical standards are currently detailed in the publication New York State Stormwater Management Design Manual published by the New York State Department of Environmental Conservation.
B. Cut and fill slopes shall be no greater than 2:1, except where retaining walls, structural stabilization, or other methods acceptable to the Town-designated licensed/certified professional are used. Disturbed areas shall be restored as natural-appearing landforms and shall blend in with the terrain of adjacent undisturbed land. Abrupt, angular transitions shall be avoided.
C. Clearing and grading shall be substantially confined to designated building envelopes, utility easements, driveways, and parking footprint. Clearing and grading techniques that retain natural vegetation and drainage patterns, as described in the most recent version of Standards and Specifications for Erosion and Sediment Control referenced above, shall be used to the satisfaction of the responsible board. No clearing or grading shall take place within the established watercourse buffer area of 50 feet, except to provide road crossings where permitted.
D. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
E. Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the responsible board. There shall not be more than five acres of disturbed soil at any one time without prior written approval from the NYS Department of Environmental Conservation.
F. The permittee shall initiate stabilization measures as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. This requirement does not apply in the following instances:
(1) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures shall be initiated as soon as practicable.
(2) Where construction activity on a portion of the site is temporarily ceased and earth-disturbing activities will be resumed within 21 days, temporary stabilization measures need not be initiated on that portion of the site.
G. The mere parking and moving of construction vehicles around the site does not constitute construction or earth-disturbing activity. If the permittee is not diligently pursuing the project toward completion as determined by the Town Stormwater Management Officer or designated agent, the Stormwater Management Officer may issue a notice of violation (see §
180-16) and stipulate that the stabilization measures as outlined above shall be undertaken to prevent site erosion.
H. If seeding or another vegetative erosion control method is used, it shall become established within 14 days or the applicant may be required to reseed the site or use a nonvegetative option.
I. Special techniques that meet the design criteria outlined in the most recent version of Standards and Specifications for Erosion and Sediment Control shall be used to ensure stabilization on steep slopes or in drainageways.
J. Soil stockpiles must be stabilized or covered at the end of each workday.
K. The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
L. Techniques shall be employed to prevent the blowing of dust or sediment from the site.
M. Techniques that divert upland runoff past disturbed slopes shall be employed.
N. Adjacent properties shall be protected by the use of a vegetated buffer strip in combination with perimeter controls.
O. In general, wetlands and watercourses should not be filled, graded, or altered. The crossing of watercourses should be avoided to the maximum extent practicable. When protection of wetlands, watercourses, trees, steep slopes or other environmentally sensitive area is required, the location shall be shown on the erosion control plan and the method of protection during construction identified (e.g., silt fence, construction fence, stakes, etc.). A vegetative buffer (minimum of 25 feet) shall be maintained between disturbed areas and protected federal wetlands that are not proposed to be filled as part of an Army Corps of Engineers wetlands permit. In the case of state-designated wetlands, the adjacent area of 100 feet shall not be disturbed without a NYS Department of Environmental Conservation permit.
P. Stabilization shall be adequate to prevent erosion located at the outlets of all pipes and paved/riprap channels.
Q. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
R. Development should relate to site conditions and disturbance of steep slopes avoided. Grading should be minimized by utilizing existing topography whenever possible. Roads and driveways shall follow the natural topography to the greatest extent possible.
S. In areas of severe slopes (exceeding 25%), land-disturbing activities are not permitted. A buffer of 25 feet must be maintained between any disturbed area and the top of slopes 25% and greater.
Any land development activity shall not result in:
A. An increase in turbidity that will cause a substantial visible contrast to natural conditions;
B. An increase in suspended, colloidal and settleable solids that will cause deposition or impair the waters for the best uses; or
C. Residue from oil and floating substances, nor visible oil film or globules of grease.
Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violation; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
The provisions and sections of this chapter shall be deemed separable, and the invalidity of any portion of this chapter shall not affect the validity of the remainder.
[Added 9-15-2011 by L.L. No. 5-2011]
Upon the recommendation of the Stormwater Management Officer, the Planning Board may waive the specific requirements of this chapter embodied in §
180-9S. Nothing herein shall be construed to authorize the Planning Board to grant a waiver from any standard that is required by New York State law or regulation or any other provision of this chapter.
[Added 9-15-2011 by L.L. No. 5-2011]
In granting a waiver pursuant to §
180-18, the Planning Board shall consider the benefit to the applicant if granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by granting such waiver, which shall include:
A. Whether the waiver, if granted, would produce a detriment to nearby properties.
B. Whether the benefit sought by the applicant can be achieved by an alternate method.
C. Whether the waiver, if granted, would have an adverse affect or impact on the physical or environmental conditions in the neighborhood or community.
D. Whether the reason or rationale provided by the applicant for not complying with the special requirements of §
180-9S is self-created.
E. The Planning Board, if it grants such waiver, shall grant a minimum deviation from the requirements of §
180-9S that shall be necessary and adequate, but at the same time preserving and protecting the health, safety and welfare of the neighborhood or community.
F. The Planning Board, if it grants such waiver, shall have the authority to impose conditions and restrictions as are reasonably related and incidental to the proposed application.