It is hereby determined that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition.
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species.
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat.
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation.
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow.
F.
Substantial economic losses can result from these
adverse impacts on the waters of the municipality.
G.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
H.
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion and nonpoint source pollution associated with stormwater runoff
is in the public interest and will minimize threats to public health
and safety.
I.
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
The purpose of this Part 1 is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the public residing within the Village of Brewster, New York (hereinafter "Village"), and to address the findings of fact in § 209-1 hereof. This Part 1 seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures four and
five of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or
as amended or revised;
B.
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;
C.
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion, and maintain the integrity
of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices; ensure that these management practices are properly
maintained; and eliminate threats to public safety.
In accordance with Article 10 of the Municipal
Home Rule Law of the State of New York, the Village of Brewster Board
of Trustees has the authority to enact local laws and amend local
laws and for the purpose of promoting the health, safety or general
welfare of the Village of Brewster, New York, and for the protection
and enhancement of its physical environment. The Village of Brewster
Board of Trustees may include in any such local law provisions for
the appointment of any municipal officer, employees or independent
contractor to effectuate, administer and enforce such local law.
B.
The municipality shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention
plans and forward such plans to the applicable municipal board. The
Stormwater Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the Village of Brewster Board of
Trustees, engage the services of a registered professional engineer
to review the plans, specifications and related documents at a cost
not to exceed a fee schedule established by said governing board;
or
(3)
Accept the certification of a licensed professional
that the plans conform to the requirements of this Part 1.
C.
All land development activities subject to review
and approval by the Village of Brewster Board of Trustees or the Planning
Board of the Village of Brewster under either or subdivision, site
plan and/or special permit regulations shall be reviewed subject to
the standards contained in this Part 1.
The following activities may be exempt from
review under this Part 1:
A.
Agricultural activity as defined in this Part 1.
B.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
C.
Repairs to any stormwater management practice or facility
deemed necessary by the Director of Public Works, the Village Engineer
and the Village of Brewster Board of Trustees.
D.
Any part of a subdivision if a plat for the subdivision
has been approved by the Village of Brewster Board of Trustees or
the Planning Board of the Village of Brewster on or before the effective
date of this Part 1.
E.
Land development activities for which a building permit
has been approved on or before the effective date of this Part 1.
F.
Cemetery graves.
G.
Installation of fence, sign, telephone and electric
poles and other kinds of posts or poles.
H.
Emergency activity immediately necessary to protect
life, property or natural resources.
I.
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.
J.
Landscaping and horticultural activities in connection
with an existing structure.
