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3.3 3.3 RESOLUTIONS\Zoning\Refer Stormwater Regulations—Local Law 3.2023 to APA—5-1-2023 RESOLUTION REFERRING LOCAL LAW NO. 3 OF 2023 TO ADIRONDACK PARK AGENCY RESOLUTION NO.: , 2023 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 133,2023 the Queensbury Town Board adopted Local Law No.: 3 of 2023 titled "A Local Law to Amend Chapter 147 `Stormwater Management' of Queensbury Town Code," and WHEREAS, the Town must obtain approval of the Adirondack Park Agency for these adopted Code Amendments, and WHEREAS, the Town of Queensbury Code Amendments comply with and are in furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Senior Planner to forward copies of the adopted Code Amendments to the Adirondack Park Agency for its review and approval in accordance with Article 27 of the Executive Law, §807. Duly adopted this 1 st day of May, 2023, by the following vote: AYES NOES ABSENT: Stuart Baker To: Town Board ,Cc: Brown, Craig; Betty Murphy; Pamela Hunsinger; Mark Schachner (mschachnerPmmshlaw.com); Bob Hafner {rhafner(Pmmshlaw.com) Subject: Staff notes for 5/1 Town Board .meeting, re: Res. 3.3 Attachments: LL 03.2023 Chapter 147 Stormwater Management - LGPC Changes - 4-3-2023.pdf; Refer Stormwater Regulations - Local Law 3.2023 to APA - 5- 1 -2023.pdf; 133.2023 Res. Adopt LL No. of 2023 to Adopt Amendments to Chapter 147 Stormwater Management.pdf Resolution 3.3 The recently adopted Local Law 3 of 2023, which amended Chapter 147 "Stormwater Management" of Town Code, was not referred to the Adirondack Park Agency (APA) for their review and approval. Once I recognized this error, 1 contacted APA staff. They agreed to review the local law upon receipt of the Town Board resolution of referral. They understand the nature of the adopted changes, and expect to issue the required approval. Resolution 3.3 directs the Senior Planner to refer the local law to the APA for its review and approval. Attachments: • Res. 3.3 Res. 133 of 2023 Adopting LL 3 of 2023 Local Law 3 of 2023 Please let me know if you need any additional information. Stu Stuart G. Baker, Senior Planner Community Development Department Town of Queensbury 742 Bay Road Queensbury, NY 12804-5902 (518) 761-8222 Direct Line stuartb@ciueensbury net 1 RESOLUTION ADOPTING LOCAL LAW NO. 3 OF 2023 TO ADOPT AMENDMENTS TO CHAPTER 147 "STORMWATER MANAGEMENT'* OF +QUEENSBURY TOWN CODE RESOLUTION NO.: 133, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison. Freer WHEREAS, the Queensbury Town Board wishes to consider adoption of proposed Local Law No. : 3 of 2023 entitled, "A Local Law to Amend Chapter 147 ` Stormwater Management' of Queensbury Town Code" as presented, and WHEREAS, before the Town Board may amend the Town Code, it must hold a public hearing in accordance with the provisions of Town Law §265, and the Municipal Home Rule Law, and WHEREAS, the Town Board duly held a public hearing on Monday, April 3`d, 2023 and heard all interested persons, and WHEREAS, pursuant to the State Environmental Quality Review Act (SEQRA) the Town Board has reviewed Fart 1 and completed Part 2 of the Short Environmental Assessment Form as required under SEQRA, NOW, THEREFORE. BE IT RESOLVED,) that the Queensbury Town Board has considered the potential effects of the proposed Local Law and issues a SEQRA Negative Declaration, finding that it will not adversely affect the environment, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No. : 3 of 2023 entitled, "A Local Law to Amend Chapter 147 ` Stormwater Management' of Queensbury Town Code" as substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No. : 3 of 2023 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and the 'Warren County Planning Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 3' day of April, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr_ Strough, Mr. Metivier NOES None ABSENT: None LOCAL LAW NO. . 3 OF 2023 A LOCAL LAW TO AMEND CHAPTER 147 "STORMWATER MANAGEMENT" OF QUEENSSURY TOWN CODE BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: Section. 1 . Intent; Authority — The Town Board seeks to amend the Town of Queensbury storrnwater 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 landseape professional or alenginee-P� qualified storrnwater professional and must be signed by the professional preparing the plan, who shall certify that the design of all storrnwater management practices meets the requirements of this chapter. Note: Language in bold italics is new language to be added; Language with !ineElFawn4hfotvgh is old language to be deleted. 1 S. 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 clearing machilie sueh as a baelcr hoe, gr-ader- or- �t�Rar deviee so as Note: Language in bald italics is new language to be added; Language with line ..1....wn thr-a g is old language to be deleted. 2 3vegetative eever- with soil or other- materi Is. vv-'Wana sueb aetivities inVokre an 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 14rYS 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. I, 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 bold italics is new language to be added; Language vArith line drawn through is old language to be deleted. 3 (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 . pafking lots wid other areas subJeet to sorehie-le traffie shall fiet be installed within 100 feet of affy water well, wedand or- lAra4er- body. (g) Stormwater control measures proposed to be installed at locations with a slope greater than 15% before grading, soil percolation rate slower than +60 minutes per inch or which require placement of fill to meet her-izental vertical distance separations specified in this chapter shall be designed by a =ie-eased F al engineer, ehite -* or ememptland sui=veyen qualified stormwater professional. (It) 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 1©0 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 50 feet 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 infUtration of runofffrom the first one-half inch of precipitation from all pre-development impervious areas within the site. The phased Note: Language in bold italics is new language to be added; Language with line drawn th ough is old language to be deleted. 4 implementation of such controls for pre-development areas may be authorized. A variance will not be required for infiltration devices treating pre-development areas when conformance with the design standards for infiltration devices cannot be met. If the minimum one-haff inch volume requirement cited herein cannot be 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. [21 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; h NYork 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 treasures. These eur-ves are afmexed to this ehapter- as Sehedule P, entitled "Rainfall Note: Language in bold italics is new language to be added; Language with line drawn thr-Oug is old language to be deleted. S Iniensity Curves." 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. f4] Infiltration devices for major projects shall be located a minimum of 44 49 35 feet from Lake George and any down-gradient drinking water supply or water body. lake, river,preteeted strewn, boater well, pew wetland; a. Infiltration devices for high traffic areas shall he located a minimum of 100 feet from Lakes 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 infiltration 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 with lifie drawn hough is old language to be deleted- 6 functioning 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. [a] Ster-mwater- eoatr-ol measures shall be used in !he fiAlowing ril inf:l+ra+ion edeyiee. pi-J 4ZFG Il IG 3 4G [iiij Flow attenuation b5i use of- open NregetatedSSAraleS and .de Fb] St....m Ovate.. eeairzel _ be selected by e- selected • - -r- &-•d flow attenuation as indieated in Sehedule C [ l-2j 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 Note: Language in bold italics is new language to be added; Language witd., line drawn 64..oug is old language to be deleted. 7 Dry well 15 Porous pavement 2 Vegetation depression 1 [23] Pretreatment devices such as sediment traps, detention/stilling basins, filter 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 storrnwater will not degrade the water quality of any water body. [4-5] 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] For development or rtedevel rm efft - n g Et site deVelopment has previously eeeurFed, tke applieant shall be required to afe Y r plans Within the site whieh have been preiviously develeoped. The phased Note: Language in bold italics is new language to be added; Language with liIIe dmwn soogh is old language to be deleted- 8 1 F eeen l measures for preNciously doeveloped areas , b ...her zed 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 thefirst one-half inch 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 for infiltration devices treating pre-development areas when conformance with the design standards for infiltration devices cannot be met. If the minimum one-half inch volume requirement cited herein cannot be met, Ilse Town may delegate the authority to issue a variancefrom this standard to staff: C. Section 14742 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 pfefee tal eng neev. qualified stormwater professional. 0. Section 147- 14 entitled "Enforcement: penalties for offences" is amended in subsection (D) as follows: Note: Language in bold italics is new language to be added; Language • ith line draj..r thr-ough is old language to be deleted. 9 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 T eornmiued within a period of- five year-s, punishabie by a fine not less than $350 nor- more th third or- subsequent offense, a!! of whieh were eafamit-ted within a pefied of five T generally,punishable by a Ane fiet less than $700 no r- me r-e than $ 1 ,000 or imprisonment for- a period no! t& violatiens of this ek"ter shall be deemed Fnisdemeaner-s and for st, par-pose only all pr-evisions of law r-elating to misdemeaFters shall apply to such Nciela4ions. gaek . civil penalty not to exceed five hundred dollars (S500) for each such violation and an additional penalty offive hundred dollars ($SQQ) for each day during which such violation continues, or by imprisonment for a period not to exceed sixty (60) days, or bolls such fine and imprisonment. person shall be guilty of a separate offense for each day during which the violation occurs or continues. E. Section 147 Attachment I 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 twin` t:....ber- f" 9^' but shall not include the Ope t:... n of a Elude-rare OF 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 disturbanceor- a...... ... a dv...., w.._- - OF __- -=`"'ng• FERTILIZER - Any substance containing one or more recognized plant nutrients which is Note: Language in bold italics is new language to be added; Language with line d � '' is old language to be deleted. 14 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 TRAFFICAREA - A road, parking area, or driveway used for motorized vehicular travel, except those servicingfour (4) orfewer residential lots or units. IMPERVIOUS AREA OR COVER These a d, stF:ueturesthat I knate rainfa4l, snewmelt and water (e.g., building reeReps, pavement, sidelwalks, 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 soil 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 bares 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, (H) storm water retrofit projects, or (W) 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 has 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, turf grown on turf farms, or any form of agricultural production. Note: Language in bold italics is new language to be added; Language with line drawn th foug is old language to be deleted. 11 QUALIFIED STORMWATER 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 than 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 AiCTIVITY — The maaagement of any forested tfaet- ef land to ;•� 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 for 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 frelds, and areas proposed for silviculture including logging roads and landings. Nate: Language in bold italics is new language to be added; Language with line drawn th+eugh is old language to be deleted. 12 STORMWA TER RETROFIT PROJECT - An activity undertaken for the purpose of reducing stormwater runoff volume, velocity, andlor pollutants generated from pre-development conditions„ and which is undertaken or approved by the Town of Queensbury 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 andlor the United States Army Corps of Engineers. F. Section 147 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 5. Effective Date — This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. Note: Language in bold italics is new language to be added, Language with , ; fta drawn through is old language to be deleted. 13