The Town Board of the Town of Kingsbury finds that 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 transportation and deposition; that stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species; that clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; that improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation; that impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow; that substantial economic losses can result from these adverse impacts on the waters of the Town of Kingsbury and State of New York; that stormwater runoff, soil erosion and nonpoint-source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; that 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 the public's health and safety; and that regulation of land development activities by means of performances 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 part 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 Kingsbury and to address the findings of fact noted in § 230-20 above. This part seeks to meet these purposes by achieving the following objectives:
Meet the requirements of minimum measures 4 and 5 of the SPDES general permit for stormwater discharges from municipal stormwater sewer systems (MS4s), Permit No. GP-02-02, or as amended or revised;
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;
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;
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
Minimize the total annual volume of stormwater runoff which flows from any specific site during or following development to the maximum extent practicable; and
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.
This part is adopted pursuant to the authority granted to the Town Board under § 10 of the Municipal Home Rule Law of the State of New York.
This part shall be applicable to all land development activities as defined in this part except for the following:
Agricultural activities, as defined in this part.
Silvicultural activities, except for landing areas and logging roads which shall be subject to this part.
Routine maintenance activities that disturb less than one acre and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
Any part of a subdivision if a plat for the subdivision has been approved by the Town of Kingsbury Planning Board on or before the effective date of this part.
Land development activities for which a building permit has already been approved on or before the effective date of this part.
Installation of fence, sign, telephone and electric poles and other kinds of posts or poles.
Emergency activity immediately necessary to protect life, property or natural resources.
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.
Landscaping and horticultural activities in connection with an existing structure.
This part shall be known as the "Town of Kingsbury Stormwater Regulations."