This article shall be known as the "Stormwater
Ordinance."
The Town of Cortlandville finds that uncontrolled
drainage and runoff associated with land development has a significant
impact upon the health, safety, and welfare of the community. Specifically:
A. Many future problems can be avoided if land is developed
in accordance with sound stormwater runoff management practices.
B. Impervious surfaces increase the volume and rate of
stormwater runoff and allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow.
C. Construction requiring land clearing and the alteration
of natural topography tends to increase erosion leading to siltation
of water bodies decreasing their capacity to hold and transport water,
damaging public and private property, and harming flora and fauna.
D. Stormwater runoff can carry pollutants into receiving
water bodies, degrading the quality of groundwater and surface waters.
E. Improperly managed stormwater runoff can increase
the incidence of flooding and the level of floods which occur, endangering
property and human life.
F. Improper design and construction of drainage facilities
can increase the velocity of runoff thereby increasing streambank
erosion and sedimentation.
G. Improper design and construction of stormwater management
facilities can significantly increase the pollutant load to streams
and to groundwater, threatening fish and wildlife, as well as public
water supplies.
H. Substantial economic losses can result from these
adverse impacts on community waters.
It is the purpose of this article to protect,
maintain, and enhance both the immediate and the long-term health,
safety, and general welfare of the citizens of the Town of Cortlandville,
by regulating site preparation and construction activities so as to
manage stormwater runoff and prevent problems related to erosion,
sedimentation, flooding or drainage. In relation to this purpose this
article has the following objectives:
A. Prevent increases in the magnitude and frequency of
stormwater runoff to prevent an increase in flood flows and in the
hazards and costs associated with flooding.
B. Prevent any net increase in stormwater runoff between
predevelopment and postdevelopment conditions.
C. Prevent decreases in groundwater recharge and stream
base flow to maintain aquatic life, assimilative capacity, and potential
water supplies.
D. Control erosion and sedimentation to prevent its deposition
in streams, drainage facilities, and other receiving water bodies.
E. Facilitate the removal of pollutants in stormwater
runoff to maintain groundwater quality and to perpetuate the natural
biological functions of streams.
F. To the extent practical, secure multiple community
benefits such as groundwater replenishment, open space protection
and increased recreational opportunity through integrated land use
and stormwater management planning.
G. Require land development activities to conform to
the substantive requirements of the New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities, GP-02-01, or as amended
or revised.
In accordance with Article 9 of the Town Law,
the Town of Cortlandville has the authority to enact ordinances for
the purpose of promoting the health, safety or general welfare of
the Town of Cortlandville, including protection of the property of
its inhabitants. By the same authority, the Town of Cortlandville
may include in any such ordinance provisions for the appointment of
any municipal officer or employees to effectuate and administer such
ordinance. No provision in this article shall supersede more stringent
guidelines already in existence.
The Town of Cortlandville may allow residential
stormwater runoff to be discharged into stormwater management facilities
off the site of development to a regional stormwater management facility,
if all of the following conditions are met:
A. The regional drainage facilities and channels leading
to them are designed, constructed and maintained in accordance with
the requirements of this article.
B. Adverse environmental impacts on the site of development
will be minimized.
(1) All plans must be consistent with downstream stormwater
management facilities. If the plan cannot be consistent, then adequate
provisions must be made for the sharing of construction and operating
costs of regional facilities. The developer may be required to pay
a portion of the cost of constructing the facilities as a condition
to receiving approval of the SWPPP.
(2) Use of regional off-site stormwater management facilities
does not eliminate the requirement that the first flush be captured
and treated on site pursuant to the performance standards if water
quality is a concern.
(3) A request to use regional stormwater management facilities
and all information related to the proposed regional off-site facilities
shall be made a part of the SWPPP.
(4) The potential groundwater impairments from stormwater
runoff shall not impact public or private water supply wells.
Any person aggrieved by the action of any official
charged with the enforcement of this article, as the result of the
disapproval of a SWPPP, issuance of a written notice of violation,
or an alleged failure to properly enforce the article in regard to
a specific application, shall have the right to appeal the action
to the Town of Cortlandville. The appeal shall be filed in writing
within 20 days of the date of official transmittal of the final decision
or determination to the applicant, shall state clearly the grounds
on which the appeal is based, and shall be processed in the manner
prescribed for hearing administrative appeals under (state/local code
provision).
The Town of Cortlandville may grant a written
variance during the review process, from any requirement of this article,
using the following criteria:
A. There are special circumstances applicable to the
subject property or its intended use; and
B. The granting of the variance will not result in:
(1) An increase or decrease in the rate or volume of surface
water runoff;
(2) An adverse impact on a wetland, watercourse or water
body;
(3) Degradation of surface water and groundwater water
quality; or
(4) Any impairment to achieving the objectives of this
article.