[L.L. No. 2-2007, § 1]
It is hereby determined that:
(1) 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 transport and deposition.
(2) This stormwater runoff contributes to increased
quantities of water-borne pollutants, including siltation of aquatic
habitat for fish and other desirable species.
(3) Clearing and grading during construction tends
to increase soil erosion and add to the loss of native vegetation
necessary for terrestrial and aquatic habitat.
(4) Improper design and construction of stormwater
management practices can increase the velocity of stormwater runoff
thereby increasing stream bank erosion and sedimentation.
(5) Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow.
(6) Substantial economic losses can result from these
adverse impacts on the waters of the municipality.
(7) Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
(8) 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 public
health and safety.
(9) 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.
[L.L. No. 2-2007, § 1]
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the City Council of the City of Poughkeepsie
has the authority to enact local laws and amend local laws and, for
the purpose of promoting the health, safety or general welfare of
the City of Poughkeepsie and for the protection and enhancement of
its physical environment. The City Council of the City of Poughkeepsie
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.
[L.L. No. 2-2007, § 1]
The following activities may be exempt from review under this
subchapter:
(1) Agricultural activity, as defined in this subchapter.
(2) 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.
(3) Repairs to any stormwater management practice or
facility deemed necessary by the Stormwater Management Officer.
(4) Any part of a subdivision if a plat for the subdivision
has been approved by the City of Poughkeepsie on or before the effective
date of this subchapter.
(5) Land development activities for which a building
permit has been approved on or before the effective date of this subchapter.
(7) Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
(8) Emergency activity immediately necessary to protect
life, property, or natural resources.
(9) 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.
(10) Landscaping and horticultural activities in connection
with an existing structure.
[L.L. No. 2-2007, § 1]
All land development activities shall be subject to the following
performance and design criteria:
(1) Technical standards. For the purpose
of this subchapter, the following documents shall serve as the official
guides 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 subchapter.
a. 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").
b. 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").
(2) Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Section
14 1/2-167(1) and the SWPPP shall be prepared by a licensed professional.
(3) Water quality standards. Any land
development activity shall not cause an increase in turbidity that
will result in substantial visible contrast to natural conditions
in surface waters of the State of New York.
[L.L. No. 2-2007, § 1]
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this subchapter shall be judged invalid by
a court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this subchapter.
[L.L. No. 2-2007, § 1]
The City of Poughkeepsie may require any person undertaking
land development activities regulated by this subchapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the City of Poughkeepsie.