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RESOLUTIONS\LOCAL LAWS&ORDINANCESThapter 147 Stormwater Management—LGPC Changes—3-20-2023
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO.: _ OF 2023 TO AMEND CHAPTER 147 OF QUEENSBURY
TOWN CODE ENTITLED "STORMWATER MANAGEMENT"
RESOLUTION NO.: ,2023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law
No.: of 2023 entitled, "A Local Law to Amend Chapter 147 `Stormwater Management' of
Queensbury Town Code," which Law is intended to update the Town's stormwater
regulations, and
WHEREAS, adoption of this legislation is authorized in accordance with New York
State Environmental Conservation Law and regulations, New York State Municipal Home
Rule Law §20 and New York State Town Law Article 16, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of
this Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at
the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, April
3rd, 2023 to hear all interested persons and take any necessary action provided by law
concerning proposed Local Law No.: of 2023, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury
Town Clerk to publish, post and distribute a Notice of Public Hearing concerning proposed
Local Law No. of 2023 in the manner provided by law.
Duly adopted this 201h day of March, 2023, by the following vote:
AYES
NOES
ABSENT :
I.()CAL LAWS/Chapter 147 Stormwater Management — LGPC Changes — 4-3-2423
LOCAL LAW NO.: OF 2023
A LOCAL LAW TO AMEND CHAPTER 147 "STORMWATER
MANAGEMENT" OF QUEENSSURY TOWN CODE
BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FODLL+OWS:
Section 1. Intent; Authority — The Town Board seeks to amend the Town of
Queensbury stormwater management regulations in response to Lake George Park Commission
regulations changes that became effective on April 1 , 2021 . This Local Law is adopted in
accordance with the New York State Municipal Home Rule Law.
Section 2. Amendment of Stormwater Management Regulations — Chapter 147 of the
Queensbury Town Code, entitled "Stormwater Management" is hereby amended as follows:
A. Section 147-8, entitled "Stormwater pollution prevention plan requirement" is
amended in subsection (C) as follows:
C. Plan Certification: The SWPPP shall be prepared by a—landscape ee tihed
professional or professional engineer qualified stormwater professional and must be signed by
the professional preparing the plan, who shall certify that the design of all Stormwater
management practices meets the requirements of this chapter.
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Note: Language in Bold italics is new language to be added;
Language with line dr-a n throog= is old language to be deleted.
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R. Section 147-11 entitled "Supplementary additional requirements for projects with
Lake George Park" is amended in subsection (B), (C), (D), (H) and (1) as follows:
B. Prohibitions
( 1 ) No person or owner of real property shall create or maintain a condition which,
due to a human disturbance of land, vegetative cover or soil, may results in the erosion of
soil ,from the site or into any water body. The Stormwater Management Officer shall
notify a property owner of such condition on his property and shall afford a reasonable
time period to correct any such condition before a violation shall be deemed to exist.
(3) No person shall cause or create a condition of flooding, erosion, siltation or
ponding resulting from failure to maintain previously approved stormwater control
measures where such condition is injurious to the health, welfare or safety of individuals
residing in the park or injurious to any land within the park. The Stormwater Management
Officer shall notify a property owner of such condition on his/her property and prescribe
measures necessary to reestablish effective performance of the approved stormwater
control measures. The Town shall afford such property owner a reasonable time period in
which to correct any such condition before a violation is deemed to exist
C . Permit required.
( 1 ) Except for the activities exempted in Subsection D of this section, no person shall
build, construct, erect, expand or enlarge any building or structure, or place, cause, or
construct any impervious surface such as pavement, blacktop, macadam, packed earth and
crushed stone without first receiving a stormwater management permit from the Town,
unless otherwise exempted herein.
(3) Except for the activities exempted in Subsection D of this section, no person shall
operate a land eleaf ing maehine sueh- a s n baen-k hee, grader or plow or similaF deviee so as
rke remave vegetative cover- or soil or to esvrerlay aa4mr-al
Note: Language in bold italics is new language to be added;
Language with line drawn throe is old language to be deleted.
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vegetative eover with sail or- other- materials when sueh aetivities. invalvea A-n- area of land.
cause or create a land disturbance greater than or equal to 5,000 square feet without
first having received a stormwater management permit under this chapter.
D. Exemptions. The following activities are exempt from the requirements of this section.
(2) Development on a site involving land disturbance and land clearing of less than
5,000 square feet which does not result in the creation of new impervious surfaces of
more than 1 ,000 square feet.
(7) Maintenance of landscaped areas
(8) Residential firewood harvesting that is compliant with regulations at §179-6-050
Shoreline Regulations, §179-8-040 Shoreline buffers and NYS Forestry Best
Management Practices.
H. Variances.
(5) No variance shall be granted by the Town of +Queensbury until first providing
notice to the Commission a minimum of 10 days in advance. The Commission shall be
deemed a party to the proceeding for all purposes with the right to initiate or intervene
in any action or proceeding in which the grant or denial of a variance is an issue or in
any proceeding involving an interpretation of the municipality 's Plan or Program.
1. Design requirements and performance standards.
( 1 ) General requirements for major and minor projects. The following requirements
shall apply to major and minor projects-
(e) Development that involves structural components, such as retaining
walls or dams, may require design and certification by a licensed professional
engineer.
Note: Language in hold italics is new language to be added;
Language with line a ..,.... t fog is old language to be deleted.
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(2) Minor projects. The following additional requirements shall apply to minor
projects:
(c) Infiltration devices shall not be installed up gradient within 20 feet of the
subsurface treatment system of a wastewater treatment system. T� '•w�� '�. : ��
for roadways, PaFlEiRg lots and other areas subjerat to Ygrehiecle, trauffite shiall not he
installed
within frill feet iF' .,et of water , e!! .,...J et1 e ..t,.« 1.edy.
(g) Stormwater control measures proposed to be installed at locations with a
slope greater than 15% before grading, soil percolation rate slower than GO
minutes per inch or which require placement of fill to meet heriixental vertical
distance separations specified in this chapter shall be designed by a ncefl-sed
professional regirteerteet e,r e?Et-I: srr qualified stormwater
professional,
(h) Infiltration devices shall be located a minimum of.35 feet from Lake
George and any downgradient drinking water supply or water body. Infiltration
devices for high traffic areas shall be located a minimum of 100 feet from Lake
George and any downgradient drinking water supply or water body. The
separation distance for infiltration devices servicing high traffic areas shall be a
minimum of SOfeet from upgradient water supplies. This design requirement
shall not prohibit the creation of up to 400 square feet of pervious hardscape
(i.e. porous pavers)for non-high traffic areas within 35 feet of Lake George
and any downgradient drinking water supply or water body.
(i) On a site where pre-development exists, an applicant shall be required to
undertake a stormwater retrofit project to control existing stormwater runoff
discharges from the site in accordance with the minor project standards of this
Subpart to the maximum extent practicable. Such measures shall include, at a
minimum, the infiltration of runofffrom the first one-half inch of precipitation
from all pre-development impervious areas within the site. The pleased
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Nate: Language in bold italics is new language to be added;
Language with line drawn throug is old language to be deleted-
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implementation of such controls for pre-development areas may he authorized
A variance will not he required for infiltration devices treating pre-development
areas when conformance with the design standards for infiltration devices
cannot he met. If the minimum one-half inch volume requirement cited herein
cannot he met, the Town may delegate the authority to issue a variance from
this standard to staff.
(3 ) Major projects_ The following additional requirements shall apply to major
projects :
(c) Supplemental design requirements for stormwater control measures.
[2] For storm events exceeding the ten-year design storm, the
stormwater control measures shall function to attenuate peak runoff flow
rates for a twenty-five-year-frequency storm to be equal to or less than pre-
development flow rates. For development greater than five acres;
eensistent with New York State guidelines, stormwater control measures
shall function to attenuate peak runoff flow rates for a one-hundred-year
storm to be equal to or less than pre-development flow rates_ Attenuation
of the one-hundred-year storm is intended to reduce the rate of runoff from
development to prevent expansion of the one-.hundred-year floodplain so
as to alleviate flooding of improved properties and roadways. The
minimum requirement for peak flow attenuation can be waived for the
one-hundred-year storm event where it can be proven that downstream
flooding is not a concern, such as where excess stormwater runoff is
discharged to Lake George or to a regional stormwater facility designed to
handle additional volume and peak discharge. The cumulative effect of all
proposed development projects within the watershed should be considered
in making this determination. Rainfall intensity curves for Lake George,
New York, shall be used in the design of the stormwater control measures.
Note: Language in hold italics is new language to be added;
Language with 'iffa ,.i..,,..^., th+eag is old language to be deleted.
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I..,;_...=«;. C.-ut es." Additionally, for development greater than five acres,
coverage is required under a state pollutant discharge elimination system
(SPDES) general stormwater permit administered by the Department of
Environmental Conservation.
[3] Infiltration devices shall be designed such that the bottom of the
system will be a minimum of two feet above the seasonal high
groundwater level and bedrock to be realized following development.
Where compliance with this requirement would prevent compliance with
Subsection I(3)(c)[5] below, compliance with this requirement may be
waived_ This provision shall not apply to wet ponds and similar
stormwater control measures which are designed to be built in the
saturated soil zone.
[4] Infiltration devices for major projects shall be located a minimum
of 440 35 feet from Lake George and any down-,gradient drinking water
supply or water body. lake, river, przQteeted str-eam, water well, parcel,
.. .off Infiltration devices for high traffic areas shall be located a
minimum of I00 feet from Lake George and any downgradient drinking
water supply or water body. A separation of more than 100 feet may be
required in cases where contamination of the water supply is possible due
to highly permeable soils, shallow groundwater and similar situations. The
separation distance for infiltratian devices servicing high traffic areas
shall be a minimum of 50 feet from up-gradient water supplies. Designs
shall mitigate adverse effects that groundwater recharge will have on
adjacent wells, water supplies, wastewater treatment systems, buildings,
roadways, properties and stormwater control measures_ stormwater
recharge areas shall be located a minimum of 100 feet from the subsurface
treatment system of a wastewater treatment system unless it is
demonstrated that a lesser separation will not adversely affect the
Note: Language in bold italics is new language to be added;
Language 1A Fith- litHe d-F..wn *hroug is old language to be deleted.
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f4unctioning of such leach fields. This design requirement shall not
prohibit the creation of up to 400 square feet of pervious hardscape (i.e.
porous pavers) for non-high traffic areas within 35 feet of Lake George
and any downgradient drinking water supply or water body.
(d) Additional requirements for major projects.
[ Ij Order- f-preference for- eantFoI wes
[a! Sier-Fflwater- control measures shall be used in the fbilowing
pr-efer-eainee to the best management pr-aetiee for p0ll"��
and ilw-v a tie s-i a #edSehedule C,
[I-2] All stormwater control measures shall be designed to completely
drain to return to design levels in accordance with the following:
Control Measure Number of Days
Infiltration basin 5
Infiltration trench 15
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Note: Language in hold italics is new language to be added;
Language ==rith T=ffo dr-a .n difough is old language to be deleted.
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Dry well 15
Porous pavement 2
Vegetation depression 1
[23] Pretreatment devices such as sediment traps, detention/stilling
basins, falter strips, grassy swales or oil/water separators shall be provided
or runoff from paved areas or other areas subject to human-induced
pollution, including grease and oils, fertilizers, chemicals, road salt,
sediments, organic materials and settleable solids, which shall be sufficient
to remove pollutants from the runoff.
[34] Stormwater control measures shall, at a minimum, incorporate the
best available pollutant removal technology, which shall mean that which
constitutes appropriate and cost-effective means for removing pollutants
from runoff so that the resulting treated stormwater will not degrade the
water quality of any water body.
[4-S] Stormwater control measures shall be designed to preserve and
maintain the base flow in all streams passing through, adjoining or
receiving runoff from the site.
[56] Fos development or r-ede elopement e site kL here
development has previously 7
the applieant shall be Fequired to
from the ske in aeeer-danee with the stftndar�ds of this ehapter- to tho
first one half inek of preeipita4ioa &em any storm event for all areas
within the site -Arhieh have been previously Eleveloped. The phased
Note; Language in bold italics is new language to be added;
Language ;;ith line i ..." tw_--ugh is old language to be deleted.
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developed aftas may be authorized. On a site where pre-development
exists, an applicant shall be required to undertake a stormwater retrofit
project to control existing stormwater runoff discharges from the site in
accordance with the major project standards of this Subpart to the
maximum extent practicable. Such measures shall include, at a
minimum, the infiltration of runofffrom thefi"rst one-halfinch of
precipitation from all pre-development impervious areas within the site.
The phased implementation of such controls for pre-development areas
may be authorized. A variance will not be required far infiltration
devices treating pre-development areas when conformance with the
design standardsfor infiltration devices cannot he met. Ifthe
minimum one-half inch volume requirement cited herein cannot be met,
the Town may delegate the authority to issue a variancefrom this
standard to staff.
C. Section 147-12 entitled "Inspections" is amended in subsection (B) as follows:
B. Stormwater management practice inspections. The Town Stormwater Management
Officer is responsible for conducting inspections of stormwater management practices (SMPs).
All applicants are required to submit as-built plans for any stormwater management practices
located on site after final construction is completed. The plan must show the final design
specifications for all stormwater management facilities and must be certified by a prefessional
engxneen qualified stormwater professional.
D. Section 147-14 entitled "Enforcement: penalties for offences" is amended in
subsection (D) as follows:
Note: Language in hold italics is new language to be added;
Language is old language to be deleted.
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D. Penalties. In addition to or as an alternative to any other penalty provided herein or by
law, any person who violates the provisions of this chapter shall be guilty of a violation
punishable by a
} ,
third or subsequent offense, all of which itted within a period of five ye-W-S
eemmitted IAEkhin a period of five years, punishable by a fine not less than $350110F MOFe than
eyceeed si?E months, or- both-
punishable by a fine not less than $700 Fier- more than $ 1 ,000 Fwlmpnsenmeat for- a per-iE)d Het te
iolatieffs
for the purposes of eenfaFfifig j ur-isdietien uponVier shall be deemed Fnisdemeaner-s and &Pr- sueb
. civil penalty not to
exceed five hundred dollars ($500) for each such violation and an additional penalty of five
hundred dollars ($500) for each day during which such violation continues, or by
imprisonment far a period not to exceed sixty (60) days, or both such fine and imprisonment.
Such person shall be guilty of a separate offense for each day during which the violation
occurs or continues.
E. Section 147 Attachment 1 entitled "Schedule A. Definitions" is amended as follows:
AGRICULTURAL ACTIVITIES - The activities of an active farm, including grazing and
watering livestock, irrigating crops, harvesting crops, and using land for growing agricultural
products and . tong imber- for s but shall not include the opemtian of a dude e
the construction of new structures associated with agricultural activities.
DEVELOPMENT - Any building, construction, expansion, alteration, modification,
demolition or other activity, including land clearing, land disturbance, grading, excavating,
filling, soil disturbance, roadway construction or expansion, mining or mineral extraction
which materially changes the use or appearance of land or a structure, or the intensity of the use
of land, or the creation of a subdivision which may result in such activity, but not including
interior renovations to a structure, a change in use of a structure which results in no land
disturbance or the eanstnaetieM_or xsxvnd fieR-tiA—H R-a dock, *eVl' offer mooriffg.
FERTILIZER _ Any substance containing one or more recognized plant nutrients which is
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
to
used for its plant nutrient content, and which is designed for use or claimed to have value
in promoting plant growth, except unmanipulated animal and vegetable manures,
agricultural liming material, wood ashes, gypsum and other products exempted by
regulation of the Commissioner of Agriculture and Markets.
HIGH TR F-FICAREA - A road, parking area, or driveway used for motorized vehicular
travel, except those servicing four (4) or fewer residential lots or units.
IMPERVIOUS AREA OR COVER - Those surfaces, improvements and str-tteju es-that eannat
sidewalks,effeetively iafiltr-a4e rainfall, snewmelt and water (e.g., building r-Epefteps, pavement,
driveways, ete_� An area covered by pavement, rooftops, and/or other structures or materials,
which is either impervious to water or which substantially prevents the infiltration of water
into the sail at that location.
LAND DISTURBANCE or LAND CLEARING -- Grading, digging, cutting, scraping,
excavating, removing of soil, placement of fill, paving or otherwise covering, construction,
substantial removal of natural or human-,placed vegetation, replacement of natural vegetation
with lawn or other human-placed vegetation, demolition or other removal of human-made
features, or any activity which hares soil or rock. For the ,purposes of calculating the square
footage affected by any development in order to determine a project's classification, all affected
areas of the development site shall be considered in aggregate, whether or not the affected areas
are contiguous, however the calculation shall not include areas used for (i) approved
wastewater treatment systems, (ii) stormwater retrofit projects, or (iii) infiltration devices for
new development. Infiltration devices located in areas that would otherwise be impacted by
development activity shall be considered in the calculation of land disturbance (e.g. porous
pavement, infiltration chambers beneath a parking lot).
LANDSCAPED AREA - An area of vegetation which leas been actively maintained as a lawn,
garden, hedge, planting bed or rain garden.
LAWN - Any non-crop land area that is covered by any grass species. Lawn or non-
agricultural turf does not mean flower or vegetable gardens, pasture, hay land, trees, shrubs,
turfgrown on turffarms, or any form of agricultural production.
Note: Language in bold italics is new language to be added;
Language :- 4h line drayfecrt thzou is old language to be deleted.
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QUALIFIED STORMWA TER PROFESSIONAL - A person that is knowledgeable in the
principles and practices of stormwater management and treatment, such as a licensed
Professional Engineer, Registered Landscape Architect or other commission endorsed
individual(s). Individuals preparing stormwater design plans must have an understanding of
the principles of hydrology, water quality management practice design, water quantity control
design, and, in many cases, the principles of hydraulics.
RESIDENTIAL FIREWOOD HARVESTING - The removal and processing of trees to be
used as a heating fuel source, with such harvesting activity not to result in the removal of
greater titan five (5) full cords of firewood during any calendar year; and further not to
include the sale or export of any firewood or wood products. Residential firewood harvesting
shall not include (a) the creation of a wood road, log landing, or skid trail, (b) stump removal,
brush removal, or grubbing, or (c) road construction, excavation, land clearing or land
disturbance for development.
SILVICULTURAL ACTIVITY — The management of an5r fer-esied tr-aet of land to easuf:e its
The
practice of controlling the establishment, composition, constitution, and growth of forests.
Silvicultural activities include: site preparation for forest regeneration; reforestation
(including subsequent cultural treatment); thinning; prescribed burning, pest and fire
control; harvesting operations; surface drainage; harvest related road trail construction and
maintenance; and nursery operations. Tree removal in preparation far development or other
conversion to a non forestry use is not silviculture.
SOIL CONSERVATION PLAN - A document, which identifies best management practices
regarding erosion and sediment controls to be employed for a proposed agricultural or
silviculture activity. The plan shall include such form(s) as may be provided by the
Commission. The plan shall include a scaled map of the project site depicting all waterbodies
onsite and within 35 ' of all areas to be disturbed, and all proposed land disturbances
including proposed stream crossings, agricultural fields, and areas proposed for silviculture
including logging roads and landings.
Note. Language in bold italics is new language to be added;
Languagewi4h line dnpArn thFough is old language to be deleted.
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STORMWA TER RETROFIT PROJECT - An activity undertaken for the purpose of reducing
stormwater runoff volume, velocity, and/or pollutants ,generated from pre-development
conditions, and which is undertaken or approved by the Town of Queenshury or the county
Soil and Water Conservation District.
WETLAND — Any land that is regulated as a wetland by the Adirondack Park Agency, the
New York State Department of Environmental Conservation and/or the United States Army
Corps of Engineers.
F. Section 14.7 Attachment 3 entitled "Schedule C. Comparative Pollutant Remove of
Urban BMP Designs" is hereby repealed.
G. Section 147 Attachment 4 entitled "Schedule D: Rainfall Intensity Curves for Lake
George, New York" is hereby repealed.
H. Section 147 Attachment 5 entitled "Schedule E; Sample stormwater Control Facility
Maintenance Agreement" is hereby renamed Section 147Attachment 2: Schedule C.
Section 3. Severability — The invalidity of any clause, sentence, paragraph or provision
of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed_ In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury stormwater Management code.
Section S. Effective Date — This Local Law shall take effect upon fling by the office of
the New York State Secretary of State or as otherwise provided by law.
Note. Language in hold italics is new language to be added;
Language with line 'rr^•-•n through is old language to be deleted.
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