Stillwater Town City Zoning Code
ARTICLE IX
Environmental and Performance Standards
§ 210-61 Land clearing and soil disturbance.
A.
Purpose and intent. It is the purpose of this section to provide requirements relating to land clearing and soil disturbance activities, including the cutting of trees, clearing of land, and grading of land.
B.
No person may clear land or perform soil disturbance activities involving:
(1)
More than one acre of land.
(2)
Less than one acre of land but part of larger common plan of development or sale.
(3)
Construction activities involving soil disturbances that will ultimately disturb one or more acres of land in any district without obtaining a SPDES permit in accordance with NYS DEC requirements.
C.
A soil disturbance permit shall be required on forms provided by the Department of Building, Planning, and Development, for all land disturbances of one acre or more in zoning districts MB, R76, T2, T3N, T3G, T3G1, T4, and T5. The CSR and SLZ-1 Districts will require a soil disturbance permit for land disturbance 0.5 acre or more.
D.
Soil stabilization. In areas where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within 14 days from the date the current soil disturbance activity ceased.
§ 210-62 Timber harvesting.
A.
Timber harvesting.
(1)
Commercial timber harvesting shall require an Erosion and Sediment Control Plan to include all haul roads and landing areas. This requirement applies to timber harvesting involving clear-cutting land areas greater than specified above.
(2)
Where required, a NYS DEC permit for stream and wetland crossing, and U.S. ACOE permit for stream crossing, or NYS DOT special hauling and divisible load permit may be required.
(3)
A timber harvesting plan should be submitted for Town review prior to any harvesting activity. It is recommended that the applicant consult with the Saratoga County Soil and Water Conservation District in the preparation of a plan.
§ 210-63 Stormwater management.
A.
Stormwater pollution prevention plans. Stormwater pollution prevention plans shall be required for land development activities disturbing one or more acres. The Planning Board may require SWPPPs for projects of any size.
B.
Stormwater pollution prevention plan requirements. SWPPPs shall be prepared in accordance with the SPDES General Permit for Stormwater Discharges from Construction Activities GP-0-20-001, or as amended, and shall require:
(1)
Erosion and sediment control component. All SWPPPs shall include erosion and sediment control practices designed in conformance with the requirements in the New York State Standards and Specifications for Erosion and Sediment Control. Where erosion and sediment control practices are not designed in conformance with the design criteria included in the technical standard, the SWPPP must demonstrate equivalence to the technical standard. At a minimum, the erosion and sediment control component of the SWPPP shall include the following:
(a)
Background information about the scope of the project, including existing conditions, location, type and size of project.
(b)
A site map for the project, including a general location map. At a minimum, the site map shall show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); floodplain/floodway boundaries; wetlands and drainage patterns that could be affected by the construction activity; existing and final contours; locations of different soil types with boundaries; material, and equipment storage areas, archaeologically sensitive areas; and location(s) of the stormwater discharge(s).
(c)
A description of the soils present on site.
(d)
A construction phasing plan to include the sequence of land disturbance activities and the intended order of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Each phase shall be limited to under five acres of land disturbance with not more than five acres disturbed at one time.
(e)
A description of the erosion and sediment control practices to be installed.
(f)
A maintenance inspection schedule.
(g)
A description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris.
(2)
Post-construction stormwater management practice component. In addition to components in § 210-63B(1), where post-construction practices are required, SWPPPs shall include practices designed in conformance with the New York State Stormwater Management Design Manual. Where post-construction stormwater management practices are not designed in conformance with the performance criteria in the technical standard, the SWPPP must include the reason(s) for the deviation in design and provide information which demonstrates that it is equivalent. At a minimum, the post-construction stormwater management practice component of the SWPPP shall include the following:
(a)
Description and location of all post-construction stormwater management practices to be constructed as part of the project;
(b)
A site map showing the specific location and size of each post-construction stormwater management practice and temporary practices to be converted to permanent post-construction practices;
(c)
Required hydrologic modeling and analysis;
(d)
Identification of any elements of the design that are not in conformance with the performance criteria in the Design Manual. Include the reason for the deviation and provide information which demonstrates that it is equivalent to the Design Manual;
(e)
Soil testing results and locations (test pits, borings);
(f)
Infiltration test results, when required; and
(g)
An operations and maintenance plan that includes inspection and maintenance schedules and actions to ensure continuous and effective operation of each post-construction stormwater management practice. The plan shall identify the entity that will be responsible for the long-term operation and maintenance of each practice.
§ 210-64 Slopes.
A.
Construction on slopes.
(1)
Except for approved existing subdivisions, site plan review shall be required for the following:
(a)
Any detached structure proposed to be constructed on any lot, parcel or site having a slope of 15% or more within a 50-foot radius of the proposed location of said structure;
(b)
The removal or excavation of 100 cubic yards or more of rock, soil or vegetation from such site;
(c)
The proposed construction of a privately owned driveway, road or right-of-way on a slope of 10% or more.
§ 210-65 Stream buffers.
A.
There shall be a riparian buffer of 50 feet on each side of any NYS Department of Environmental Conservation classified stream, Class D or higher, and a 35-foot riparian buffer on each side of any unclassified perennial stream. Cutting trees and other vegetation within the riparian buffer is prohibited, except as provided below.
(1)
Clearing of brush, trees, vegetation and soil disturbance activities are prohibited within the buffer area.
(2)
Structures are not permitted within the buffer area.
(3)
Septic systems are not permitted with the buffer area.
(4)
The use of chemicals, pesticides, herbicides, and fertilizers are prohibited.
B.
The installation of trails and multi-use paths shall be permitted within stream buffer areas.
C.
Stream buffers shall be included on all proposed site plans and subdivision plans.
§ 210-66 Wetlands.
Wetlands are subject to the jurisdiction of the New York State Department of Environmental Conservation (NYSDEC) and/or the U.S. Army Corps of Engineers. Development activities subject to the review of the Town should demonstrate compliance with the provisions of those jurisdictions. Applicants and projects appearing before the Town should demonstrate communication and compliance with the appropriate agency.
§ 210-67 Floodplains.
All proposed residential uses in any district which would occur within a designated 100-year floodplain or floodway, as designated by the Federal Emergency Management Agency, shall be reviewed by the Building Inspector. All proposed nonresidential uses in any district which would occur within a designated 100-year floodplain or floodway, as designated by the Federal Emergency Management Agency, shall be subject to site plan review by the Planning Board in accordance with the provisions of Article IV.
§ 210-68 Particulates and smoke.
No use shall emit particulates and/or smoke that is detrimental to the public health, welfare and safety.
§ 210-69 Vibration.
No use shall regularly emit vibration that is perceptible at the property line of an adjoining use. This section shall not apply to temporary construction activities.
§ 210-70 Odor.
No use, other than an agricultural use, shall regularly emit offensive odors perceptible at the property line of an adjoining use. Restaurants, bakeries, taverns and other uses where food is cooked or prepared shall be required to take all measures deemed appropriate by the Planning Board to minimize odors emanating from neighboring properties.
§ 210-71 Radiation.
No use shall emit radiation that is above state or federal limits at the property line.