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.