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 this jurisdiction and to address the findings of fact in § 209-1 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 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 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 Board of Trustees of the
Incorporated Village of Cedarhurst has the authority to enact local
laws and amend local laws for the purpose of promoting the health,
safety or general welfare of the Village of Cedarhurst and for the
protection and enhancement of its physical environment. The Village
Board of Trustees of the Incorporated Village of Cedarhurst 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.
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 Board of Trustees of the Village of
Cedarhurst, 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 chapter.
C.
All land development activities subject to review and approval by
the applicable board of the Village of Cedarhurst under subdivision,
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.
Silvicultural activity, except that landing areas and log haul roads
are subject to this chapter.
B.
Routine maintenance activities that disturb fewer 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 stormwater management officer.
D.
Any part of a subdivision if a plat for the subdivision has been
approved by the Village of Cedarhurst on or before the effective date
of this chapter.
E.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
F.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
G.
Emergency activity immediately necessary to protect life, property
or natural resources.
H.
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.
I.
Landscaping and horticultural activities in connection with an existing
structure.
