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Town of Niskayuna, NY
Tuesday, October 23, 2018

Chapter 180. Soil Erosion and Sediment Control

§ 180-3. Applicability; permit required; exemptions.

Unless specifically exempted in Subsection A below, no person, corporation, or other legal entity shall engage in land clearing or grading in the Town without having received a site development permit from the Town of Niskayuna Department of Engineering (DOE). Depending upon the project, this permit may require approval of a stormwater pollution prevention plan (SWPPP).
A. 
No SWPPP is required for the following exempt activities:
(1) 
Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(2) 
Agricultural operations conducted as a permitted principal or accessory use.
(3) 
Construction activities on property used for agriculture or silvaculture involving a disturbance of less than five acres.
(4) 
The renovation/replacement of a septic system serving an existing dwelling or structure.
(5) 
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.
(6) 
Repairs to any stormwater management practice or facility deemed necessary.
(7) 
Cemetery graves.
(8) 
Installation of fence, sign, telephone and electric poles and other kinds of posts or poles.
B. 
Applicants must also obtain all other permits required by state, federal, and local laws. Whenever the particular circumstances of proposed land development activity require compliance with special use permits, site plan review, or subdivision procedures of the Town of Niskayuna, the Town Board and the Planning Board should make every effort possible to integrate the requirements prescribed herein as appropriate and determine the adequacy of the SWPPP.