A.
Stormwater pollution prevention plan requirement.
(1)
No application for approval of a land development activity shall
be reviewed until the Planning Board or Stormwater Management Officer
(SMO) has received a stormwater pollution prevention plan (SWPPP)
prepared in accordance with the specifications in this chapter. Applications
for activities deemed as minor land development, as herein defined,
shall be reviewed and processed by the Stormwater Management Officer
(SMO). Applications for activities deemed as major, applications which
are parts of a site plan approval application or subdivision approval
application, whether currently before the Town of Pawling Planning
Board or which pertain to a previously approved application, shall
be referred to the Planning Board for their review and recommendation.
The Stormwater Management Officer (SMO) will issue a permit for activities
deemed as major land development, as herein defined, by direction
of the Town of Pawling Planning Board.
(3)
For a parcel where the Croton River Watershed passes through the
parcel:
(a)
If the boundary divides a parcel where less than one acre is
in the East Branch of the Croton River Watershed, then the entire
parcel will be treated as being in the Ten Mile River Watershed or
the Fishkill Creek Watershed.
(b)
If due to the installation of drainage structures or performing
grading on the parcel, the overland flow from the parcel outlets to
the Ten Mile River Watershed or the Fishkill Creek Watershed then
that parcel will be treated as being in the Ten Mile River Watershed
or the Fishkill Creek Watershed. The Planning Board or Stormwater
Management Officer (SMO) will determine if any proposal for overland
flow diversion of stormwater is acceptable. Any proposal for overland
flow diversion of stormwater shall:
(c)
If none of the conditions listed in Subsection A(3)(a) or (b) above applies, then the area of the parcel in the Ten Mile River Watershed or Fishkill Creek Watershed will comply with the requirements of that overlay zone and the area within the East Branch of the Croton River Watershed will comply with the requirements of that zone.
(d)
The boundaries of the overlay zones are generally shown on a
plan on file with the Town Clerk and referred to as the New York City
Watershed Boundary Map. If the location of the boundary on any specific
parcel is disputed by any landowner, the boundary and its position
in a watershed may be determined by a detailed survey of the property
certified by a licensed professional engineer or licensed land surveyor.
(4)
Requirements for the East Branch of the Croton River Watershed: A
SWPPP shall be required for land development activities equal to or
greater than 5,000 square feet of land area.
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* The Swamp River Watershed is included in the Ten Mile River
Watershed.
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(5)
Requirements for the Ten Mile River Watershed or Fishkill Creek Watershed:
A SWPPP shall be required for land development activities for land
equal to or greater than one acre or activities disturbing less than
one acre of land if said activity is part of an ultimate area of land
disturbance greater than 20,000 square feet of land.
(6)
None of the following activities shall be commenced until a land
development permit has been issued under the provisions of this chapter:
(a)
Site preparation or clearing on slopes which exceed one foot
of vertical rise to five feet of horizontal distance (20%) or site
preparation in soils known to be subject to severe erosion, based
upon the rating given to individual soil types by the USDA Natural
Resource and Conservation Service.
(b)
Site preparation or clearing within the one-hundred-year floodplain
of any watercourse.
(c)
Excavation which affects more than 200 cubic yards of material
within any parcel.
(e)
Filling which exceeds a total of 200 cubic yards of material
within any parcel.
(f)
A development or subdivision of two or more units or lots or
any development or subdivision requiring any new street or the extension
of municipal facilities.
(g)
Any activity requiring approval of a site plan by the Planning
Board.
B.
Notwithstanding the requirement that certain activities obtain a permit under this section, or the fact that certain activities are exempt therefrom, any filling, grading, excavation or any other activity that disturbs the natural vegetative cover shall not cause or contribute to an impairment of aquatic resources, a degradation of water quality, or to otherwise harm the natural resources of the Town of Pawling as described in § 171-11 below, and in all cases shall utilize appropriate erosion control measures in accordance with the New York Standards and Specifications for Erosion and Sediment Control.
C.
Any temporary or permanent alteration of the land surface greater than one acre, including but not limited to removal of 50% of the vegetative cover, grading or filling, or any of the activities provided in Subsection A above which results in one or more acres of disturbance, shall be deemed to be a major land development activity. Smaller disturbances which are part of a common plan of development equal to or greater than one acre shall also be considered a major land development activity.
(1)
All major land development activities shall prepare a stormwater
pollution prevention plan which shall include means and measures for
controlling erosion and sedimentation.
D.
All other activities described in Subsection A above shall be considered a minor land development activity, including but not limited to any temporary or permanent alteration of the land surface of 20,000 square feet of land, including but not limited to removal of 50% of the vegetative cover, grading or filling, and any activities provided in Subsection A above which do not exceed the requirements in Subsection C above.
(1)
Any activity which shall be deemed a minor land development activity,
as defined herein, shall prepare an erosion and sediment control plan
which meets the requirements contained herein.
The following activities are exempt from obtaining a permit pursuant to this chapter; however, such activities shall not be conducted in a manner that causes or results in soil erosion, sedimentation or a visible change in the quality of runoff as set forth in § 171-11 below:
A.
Excavations for the basements and footings of single-family houses and for septic tank systems, wells and swimming pools attendant to single-family homes, excepting where those excavations are proposed in such locations as described under § 171-5A(2) and (3) above. The area of excavation set forth herein shall be included in calculating the total amount of site disturbance for the purposes of compliance with § 171-5C and D above.
B.
Farm operations as defined by Article 25-AA of the Agriculture and
Markets Law.
C.
Cemetery graves.
D.
Activities of an individual engaging in home gardening by growing
flowers, vegetables or other plants primarily for use by that person
and his or her family.
E.
Landscaping and horticultural activities in connection with an existing
structure that result in less than 11,000 square feet in aggregate
of disturbance.
F.
Emergency activities immediately necessary to protect life, property
or natural resources.
G.
Governmental activities, but only to the extent that such activities
are exempt from the provisions of this chapter or are otherwise exempt
pursuant to state law.
H.
Repairs to stormwater management facilities authorized by the Town.
A site plan approved pursuant to Chapter A230[1] of the Town of Pawling Code or a subdivision plat approved pursuant to Chapter 215[2] of the Town of Pawling Code, which also includes a separate
erosion and sediment control plan meeting the requirements of this
chapter, approved by the Planning Board shall constitute an erosion
and sediment control permit approved under this chapter.
