The following activities are exempt from review
under this chapter.
A. Agricultural activity as defined in §
66-4 of this chapter.
B. Silvicultural activity pursuant to an approved management
plan pursuant to regulation of the Department of Environmental Conservation,
except that landing areas and log haul roads are subject to this chapter.
C. Routine maintenance activities that disturb less than
5,000 square feet of land area, to be determined in consultation with
the Stormwater Management Officer, and are performed to maintain the
original line and grade, hydraulic capacity or original purpose of
a facility.
[Amended 5-6-2014 by L.L. No. 1-2014]
D. Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer, Town Engineer,
and/or Town Highway Superintendent.
E. Any part of a subdivision if a plat for the subdivision
has been approved by the Planning Board of the Town on or before the
effective date of this chapter.
F. Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
G. The construction of cemetery graves that disturb less
than 5,000 square feet of land area.
[Amended 5-6-2014 by L.L. No. 1-2014]
H. The installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles which disturbs less than 5,000
square feet of land area.
[Amended 5-6-2014 by L.L. No. 1-2014]
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 solely for use by
that person and his or her family, and which disturbs less than 5,000
square feet of land area.
[Amended 5-6-2014 by L.L. No. 1-2014]
K. Landscaping and horticultural activities in connection
with an existing structure which disturb less than 5,000 square feet
of land area.
[Amended 5-6-2014 by L.L. No. 1-2014]
No application for approval of a land development
activity shall be reviewed until the appropriate officer or board
has received a stormwater pollution prevention plan (SWPPP) prepared
in accordance with the specifications in this chapter. The submittal
shall include:
A. The appropriate application forms;
B. Fees in accordance with the Town of Kent fee schedule
(most current);
C. The plans and materials described below;
D. The SWPPP requirements and contents, described below;
and
E. The performance and design criteria set forth elsewhere
herein.
All SWPPPs shall provide the following background
information and erosion and sediment controls. Plans shall be at a
scale no less detailed than one inch equals 40 feet and should be
prepared by and bear the name, signature and seal of a professional
engineer, registered architect, landscape architect or certified professional,
as required by law and licensed by the State of New York. Plans prepared
at larger scales, showing more detail, may be required by the Town's
Consulting Engineer and/or other consultant, as necessary. Elements
of such plans and related studies and materials may be prepared by
other designers or technicians as authorized by law and noted on the
documents submitted. The professional preparing the plan shall certify
that the design of all stormwater management practices (SWMPs) meets
the requirements in this chapter. The following information and plans
shall be provided.
A. Background information about the scope of the project,
including location, type and size of project;
B. Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s);
C. Description of the soil(s) present at the site;
D. Construction phasing plan describing the intended
sequence of construction activities, including tree removal, stumping,
clearing and grubbing, excavation and grading, utility and infrastructure
installation and any other activity at the site that results in soil
disturbance. Consistent with the New York Standards and Specifications
for Erosion and Sediment Control ("Erosion Control Manual"), not more
than five acres shall be disturbed at any one time without written
approval from the NYSDEC;
E. Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
F. Description of construction and waste materials expected
to be stored on site with updates as appropriate, and a description
of controls to reduce pollutants from these materials including storage
practices to minimize exposure of the materials to stormwater, and
spill-prevention and response;
G. Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land clearing
and grubbing to project closeout;
H. A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
I. Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting, sizing and supporting calculations of any temporary sediment
basins;
J. Temporary practices that will be converted to permanent
control measures;
K. Implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and duration that each practice should remain in place;
L. Inspection and maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practice;
M. Name(s) of the receiving water(s);
N. Delineation of SWPPP implementation responsibilities
for each part of the site;
O. Description of structural practices designed to divert
flows from exposed soils, store flows, or otherwise limit runoff and
the discharge of pollutants from exposed areas of the site to the
degree attainable;
P. Any existing data that describes the stormwater runoff
at the site;
Q. A completed notice of intent (NOI). Said NOI shall
be submitted to the NYSDEC and the Town with ample time to obtain
SPDES General Construction Permit coverage prior to commencement of
construction. Proof of coverage shall be submitted to the SMO and
the Planning Board prior to the commencement of construction.
The applicant shall provide proof, to the satisfaction
of the SMO (in consultation with Town's Planning Board Engineer and/or
other consultant), that all other applicable environmental permits
that would have an effect or impact on the stormwater pollution prevention
plan (SWPPP) have been acquired for the land development activity
prior to approval of the final SWPPP.