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 streambank 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 article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in §
210-297 hereof. This article seeks to meet those purposes by achieving the following objectives:
A. 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;
B. 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;
C. Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
D. Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
E. 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 Village of Freeport 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 Freeport and for the protection and enhancement of its
physical environment. The 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.
The following activities shall be exempt from
review under this article:
A. Agricultural activity as defined in this article.
B. Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
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 of Freeport, on or before the effective
date of this article.
F. Land development activities for which a building permit
has been approved on or before the effective date of this article.
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.
The applicant shall assure that all other applicable
environmental permits have been or will be acquired for the land development
activity prior to approval of the final stormwater design plan.
All land development activities shall be subject
to the following performance and design criteria:
A. Technical standards. For the purpose of this article,
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 article:
(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, 2004, most current version or its successor,
hereafter referred to as the "Erosion Control Manual").
B. Equivalence to technical standards. 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 §
210-302B and the SWPPP shall be prepared by a licensed professional.
C. Water quality standards. 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.
Prior to the issuance of any approval that has
a stormwater management facility as one of the requirements, the applicant
or developer must execute a maintenance easement agreement that shall
be binding on all subsequent landowners served by the stormwater management
facility. The easement shall provide for access to the facility at
reasonable times for periodic inspection by the Village of Freeport
to ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
article. The easement shall be recorded, by the grantor, in the office
of the County Clerk after approval by the Village Attorney.
The owner or operator of permanent stormwater
management practices installed in accordance with this article shall
ensure they are operated and maintained to achieve the goals of this
article. Proper operation and maintenance also includes, at a minimum,
the following:
A. A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this article.
B. Written procedures for operation and maintenance and
training new maintenance personnel.
C. Discharges from the SMPs shall not exceed design criteria
or cause or contribute to water quality standard violations in accordance
with this article.
The Village of Freeport shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of
Schedule B of this article entitled "Sample Stormwater Control Facility Maintenance Agreement." The Village of Freeport, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
The subdivision regulations of the Village of
Freeport are hereby amended by adding the following to the information
requirements:
A. Stormwater pollution prevention plan. A stormwater
pollution prevention plan (SWPPP) consistent with the requirements
of this article shall be required for preliminary subdivision plat
approval. The SWPPP shall meet the performance and design criteria
and standards set forth in this article. The approved preliminary
subdivision plat shall be consistent with the provisions of this article.
B. Stormwater pollution prevention plan. A stormwater
pollution prevention plan consistent with the requirements of this
article and with the terms of preliminary plan approval shall be required
for final subdivision plat approval. The SWPPP shall meet the performance
and design criteria and standards in this article. The approved final
subdivision plat shall be consistent with the provisions of this article.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this article shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this article.