This chapter shall be known and may be cited as the "Stormwater
Management and Erosion and Sediment Control Law of the Town of Union
Vale."
A.
Findings. 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)
Stormwater runoff contributes to increased quantities of waterborne
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 baseflow.
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the Town.
(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)
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.
B.
Purpose and objectives. The purpose of this chapter is to respond
to the above findings by establishing minimum stormwater management
requirements and controls to protect the environment of the Town and
safeguard the general health, safety, and welfare of its people. This
chapter seeks to meet this purpose by achieving the following objectives:
(1)
Meeting 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 0-15-003 or as amended and/or
revised.
(2)
Meet the minimum requirements as defined and outlined in the Town
of Union Vale Stormwater Management Program (SWMP) for Minimum Control
Measures 4 and 5.
(3)
Requiring land development activities 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 No. 0-15-002 or as amended or revised.
(4)
Minimizing 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.
(5)
Minimizing increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality.
(6)
Minimizing the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
(7)
Reducing stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and ensuring that these management practices are properly
maintained so as to avoid potential threats to public safety.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Town Board has the authority to
enact and amend laws for the purpose of promoting the health, safety
and general welfare of the Town of Union Vale and for the protection
and enhancement of its physical environment. The Town Board has the
further authority to include in any such local law provisions for
the appointment of any Town officer, employees, or independent contractors
to effectuate, administer and enforce such local law.
This chapter shall be administered by a Stormwater Management
Officer who shall be appointed by the Town Board.
A.
The Stormwater Management Officer shall accept and review for their
completeness all stormwater pollution prevention plans and other documents
required under this chapter and forward a copy of any such submission
to the applicable Town agency with either permitting or approving
authority or responsibility for conduct of the work.
B.
All land development activities subject to review and approval by
the Planning Board of the Town of Union Vale under subdivision, site
plan, and/or special permit regulations shall be reviewed by the Planning
Board with due consideration of input provided by the Stormwater Management
Officer in accordance with the threshold criteria and standards and
upon the applicant's submission of the required documents set
forth in this chapter.
C.
All land development activities not subject to review by the Planning Board as stated in above Subsection B but otherwise subject to the requirements of this chapter in accordance with the threshold criteria set forth at § 190-8B(2) shall be reviewed by the Stormwater Management Officer either 1) independently or 2) with the assistance of a registered professional engineer, as authorized by the Town Board, in accordance with the standards and upon the applicant's submission of the required documents set forth in this chapter. Such land development activities shall be subject to requirement for application to the Town Code Enforcement Officer for a site work permit and the issuance thereof prior to the start of work.
The following activities shall be exempt from review under this
chapter:
A.
Agricultural activity as defined in this chapter and conducted in
a manner consistent with sound agricultural practices, as defined
by the New York State Department of Agriculture and Markets.
B.
Silviculture, including forestry activity conducted in a manner consistent
with the timber harvesting guidelines as defined by the New York State
Department of Environmental Conservation, except that landing areas
and log haul roads are subject to this chapter.
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 Town of Union Vale Planning Board and filed in the
Dutchess County Clerk's office on or before the effective date
of this chapter.
E.
Land development activities for which a building permit has been
approved and issued on or before the effective date of this chapter.
F.
Cemetery graves.
G.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles, but not including the installation of transmission
equipment.
H.
Emergency activity deemed by the Town of Union Vale Code Enforcement
Officer or other duly-authorized person or agency immediately necessary
to protect life, property or natural resources.
I.
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.
