This chapter shall be known as the "Town of
Queensbury Stormwater Management Local Law."
It is hereby determined that:
A. Land development activities and associated increases
in 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. The increase in nutrients in stormwater runoff accelerates
eutrophication of receiving waters.
D. Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitats.
E. Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation.
F. Improperly managed stormwater runoff can increase
the incidence of flooding and the level of floods which occur, endangering
property and human life.
G. Siltation of water bodies resulting from increased
erosion decreases the capacity of the water bodies to hold and transport
water, interferes with navigation and harms flora and fauna.
H. Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow.
I. Substantial economic losses can result from these
advere impacts on the waters of the Town.
J. Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
K. It is in the public interest to regulate 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, thereby minimizing threats to public health
and safety.
L. 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.
In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Town Board has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Town and for the protection and enhancement of its physical environment. The Town 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. Further statutory authority for this chapter can be found in Article
9 of the Town Law and Environmental Conservation Law § 43-0112.
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 Town of Queensbury by preserving and protecting the quality of the ground- and surface waters and to address the findings in §
147-2 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 NYS Department of Environmental Conservation State Pollutant
Discharge Elimination System (SPDES) General Permit for Stormwater
Discharges from Municipal Separate Stormwater Sewer Systems (MS4s),
Permit No. GP-02-02, as amended or revised.
B. Require land development activities to conform to
the substantive requirements of the SPDES General Permit for Construction
Activities, GP-02-01, 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 stream bank 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.
F. Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and eliminate threats to public safety.
G. Provide for more stringent requirements within the
portion of the Town that is within the Lake George Park, reflecting
the unique environmental sensitivity of Lake George and the need to
protect its water quality.
The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meanings set forth in
Schedule A of this chapter.
The following activities shall be exempt from review under this chapter except to the extent they are subject to the provisions of §
147-11.
A. Agricultural activity as defined in this chapter.
B. Silvicultural activity of less than one acre, 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. Emergency repairs or maintenance 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 Planning Board 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.
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, vegetables 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.
No application for approval of a land development
activity shall be reviewed until the appropriate board has received
a stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications in this chapter.
A. Stormwater Management Officer. The Town 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 review the
plans; upon approval by the Town 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
governing board; or accept the certification of a licensed professional
that the plans conform to the requirements of this chapter.
B. Contents of stormwater pollution prevention plans.
(1) All SWPPPs shall provide the following background
information and erosion and sediment controls:
(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 must
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 or development;
existing and final slopes; locations of off-site material, waste,
borrow or equipment storage areas; and location(s) of the stormwater
discharges(s); site map should be at a scale no smaller than one inch
equals 40 feet (e.g., one inch equals 500 feet is smaller than one
inch equals 100 feet);
(c)
Description of the soil(s) present at the site;
(d)
Construction phasing plan describing the intended
sequence of construction activities, including 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 unless pursuant to an approved SWPPP;
(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 close-out;
(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 and sizing 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)
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; and
(p)
Any existing data that describes the stormwater
runoff at the site.
(2) Land development activities as defined in §
147-5 of this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection
B(3) below as applicable:
(a)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development
activities disturbing between one acre and five acres of land during
the course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(3) SWPPP requirements for Conditions A, B and C:
(a)
All information in § 147-8(B)(1) of
this chapter;
(b)
Description of each postconstruction stormwater
management practice;
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice;
(d)
Hydrologic and hydraulic analysis and calculations
for all structural components of the stormwater management system
for the applicable design storms;
(e)
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions with map of subcatchments
for each;
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice;
(h)
Maintenance easements to ensure access to all
stormwater management practices at the site for the purpose of inspection
and repair. Easements shall be recorded on the plan and shall remain
in effect with transfer of title to the property;
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §
147-10 of this chapter;
(j)
Grading plan at a scale not to exceed one inch
equals 40 feet;
(k)
Site testing results or data including deep
test holes and infiltration tests; and
(l)
Draft notice of intent (NOI).
C. Plan certification. The SWPPP shall be prepared by
a landscape architect, certified professional or professional engineer
qualified stormwater professional and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meets the requirements of this chapter.
[Amended 4-3-2023 by L.L. No. 3-2023]
D. Contractor certification.
(1) Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(2) The certification must include the name and title
of the person providing the signature; address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3) The certification statement(s) shall become part of
the SWPPP for the land development activity.
E. Other environmental permits. 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.
F. Copy to be retained. A copy of the SWPPP shall be
retained at the site of the land development activity during development
and construction from the date of initiation of development and/or
construction activities to the date of final stabilization.
All building, construction, soil disturbance,
excavating, land clearing, grading, filling, subdivision of land,
and/or other development, whether public or private, shall be subject
to the following performance and design criteria:
A. Technical standards. For the purpose of this chapter,
the following documents shall serve as the official requirements 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:
(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. Water quality standards. No building, construction,
soil disturbance, excavating, land clearing, grading, filling, subdivision
of land, and/or other development, whether public or private, shall
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
The Town may require any person undertaking
land development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Town or performed by a third party for
the Town.