§ 86-1. Legislative intent.  


Latest version.
  • A. 
    Findings. The State of New York, pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.), is authorized to adopt and implement a State Pollutant Discharge Elimination System (SPDES) permit program regulating the discharge of pollutants from new or existing outlets or point sources into the waters of the State. The New York State Legislature enacted Article 17, Title 8, of the Environmental Conservation Law requiring a State Pollution Discharge Elimination System (SPDES) permit prior to the discharge of any pollutants. Under the Federal National Pollutant Discharge Elimination System (NPDES) regulations, as administrated by New York State, municipalities are required to obtain a permit for the discharge of stormwater. The Town of Brookhaven in 2002 obtained a SPDES permit in connection with discharge of stormwater as required pursuant to Environmental Conservation Law. The SPDES permit requires that the Town enact a local law that complies with federal and New York State guidelines for stormwater control, which addresses the following findings of fact as determined by the State and accepted by the Town of Brookhaven:
    (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 bank 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 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 bank 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. The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the residents of and the general public within the Town of Brookhaven by achieving the following objectives:
    (1) 
    Meet the requirements of minimum measures four and five of the NYSDEC State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-0-10-002 or as amended or revised;
    (2) 
    Require land development activities to conform to the substantive requirements of the NYSDEC SPDES General Permit for Construction Activities GP-0-10-001 or as amended or revised;
    (3) 
    Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion;
    (4) 
    Minimize increases in pollution caused by stormwater runoff from land development activities, which would otherwise degrade local water quality;
    (5) 
    Minimize the total annual volume of stormwater runoff, which flows from any specific site during and following development to the maximum extent practicable; and
    (6) 
    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.