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:
A.
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;
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 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 or 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.
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:
A.
Agricultural activities, as defined in this part.
B.
Silvicultural activities, except for landing areas and logging roads
which shall be subject to this part.
C.
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.
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 Town of Kingsbury Planning Board on or before the
effective date of this part.
F.
Land development activities for which a building permit has already
been approved on or before the effective date of this part.
G.
Cemetery graves.
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.
This part shall be known as the "Town of Kingsbury Stormwater
Regulations."
