[Amended 11-30-2023 by L.L. No. 11-2023]
All land disturbance activities shall be subject to the following
performance and design criteria:
A. Technical standards.
(1) For the purpose of this chapter, the following documents shall serve
as the official guides and specifications for stormwater management.
Stormwater management practices that are designed and constructed
in accordance with these technical documents shall be presumed to
meet the standards of this chapter.
(a)
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(b)
New York Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
(2) Equivalence to technical standards.
(a)
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in §
119-7A(1), and the SWPPP shall be prepared by a licensed professional.
(3) Water quality standards.
(a)
Post-construction stormwater management controls shall be designed
in accordance with the most current version of the New York State
Department of Environmental Conservation Enhanced Phosphorus Removal
Design Criteria.
(4) Tree clearing and restoration standards.
(a)
All clear-cutting activities shall be required to prepare a
tree removal and restoration plan that shall include:
[1]
The quantity, size, type, and location of trees to be removed.
[2]
The location of existing trees eight inches DBH or greater.
[3]
The location of wetlands, watercourses, and associated buffers as defined in Chapter
78 of the Town Code.
[4]
The location of ridgeline protection areas as defined in Chapter
138 of the Town Code.
[6]
The proposed start date and anticipated completion date of the
project.
(b)
Required buffer. All clear-cutting activities shall maintain
a tree buffer area along adjacent public rights-of-way and/or publicly
owned property. A minimum of three trees per 100 linear feet shall
be required in said buffer area. The tree buffer area, and trees within
the buffer, shall be clearly indicated on the tree removal and restoration
plan.
(c)
Required bond. All clear-cutting activities shall be required
to bond for the replacement and restoration of the removed trees in
such amount as the MS4 Coordinator deems necessary to ensure that
all disturbed areas will be restored.
(d)
Waivers. The Town Engineer, upon written request by the applicant, may consider a waiver of specific provisions of §
119-7A(4). The written request from the applicant must include reasoning for each of the provisions to be waived. The Town Engineer may waive specific provisions if requested, provided that, in its judgment, the particular circumstances of the proposed tree clearing activity are not requisite in the interest of the public health, safety and general welfare and the waiver of same will still result in the stabilization of the site, preservation of certain trees, and restoration of trees where appropriate. No waiver shall be granted that would limit, reduce or impair the effectiveness of any other law applicable to the land development activity.
(e)
Enforcement. Enforcement shall be in accordance with §
119-15 of this chapter.
All land development activities shall be subject
to the following performance and design criteria:
A. For the purpose of this chapter, the following documents
shall serve as the official guides and specifications for stormwater
management. Stormwater management practices that are designed and
constructed in accordance with these technical documents shall be
presumed to meet the standards imposed by this chapter. (The New York
State technical guidance documents may be ordered from the NYSDEC
and may be available on the Internet.)
(1) The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the “Design
Manual”).
(2) New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2005, most current version or its successor, hereafter referred
to as the “Erosion Control Manual”).
B. Where stormwater management practices are not in accordance with the technical documents described in §
119-10A above, which are official guides that provide specifications, the applicant or developer must demonstrate equivalence to the technical standards contained in these documents, and the erosion and sediment control plan and/or SWPPP shall be prepared by a licensed professional.
C. Any land development activity shall not cause an increase
in turbidity that will result in substantial visible contrast to natural
conditions in surface waters of the State of New York.