It is hereby determined that:
A.
Land development activities and associated increases
in site impervious cover often after 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 chapter 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 and to address the findings of fact in § 177-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 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 NYS 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 and to ensure that these management practices are properly maintained
and eliminate threats to public safety.
In accordance with § 10 of the Municipal Home Rule Law of
the State of New York, the Board of Trustees of the Village has the authority
to enact and amend local laws for the purpose of promoting the health, safety
or general welfare of the Village and for the protection and enhancement of
its physical environment. The Village Board 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.
A.
This chapter shall be applicable to all land development activities as defined in this chapter, § 177-6.
B.
The Village 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 Board, 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 Village Board; or
(3)
Accept the certification of a licensed professional that
the plans conform to the requirements of this chapter.
C.
All land development activities subject to review and
approval by the applicable boards of the Village under site plan and/or special
permit regulations shall be reviewed subject to the standards contained in
this chapter.
The following activities may be exempt from review under this chapter:
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas and
log haul roads are subject to this chapter.
C.
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.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision
has been approved by the Village 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.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life,
property or natural resources.
J.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by that person
and his or her family.
K.
Landscaping and horticultural activities in connection
with an existing structure.
