Applicability; exemptions.

A. This article shall be applicable to land disturbance activities, as defined in § 289-14 of this article, and those activities meeting Condition A, B, C or D below and shall include water quantity and water quality controls (postconstruction stormwater runoff controls), as set forth in § 289-21 , as applicable, unless eligible for an exemption or granted a waiver by the Town of Webster in accordance with § 289-19 of this article:(1) Condition A. Stormwater runoff from land disturbance activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.(2) Condition B.

Stormwater runoff from land disturbance activities disturbing five or more acres.(3) Condition C. Stormwater runoff from land disturbance activities disturbing between 25,000 square feet and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.(4) Condition D. Stormwater runoff from land disturbance activities that are smaller than 25,000 square feet disturbance if such activities are part of a larger common plan of development, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.B.

All plans, documents and information required by this article must be reviewed by the Town of Webster to ensure that established water quality standards will be maintained during and after development of the site and that postconstruction runoff levels are consistent with any local and regional watershed plans.C. When a site development plan is submitted that qualifies as a redevelopment project, as defined in § 289-14 of this article, decisions on permitting designs and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual.

Final authorization of all redevelopment projects will be determined after a review by the Town of Webster. This applies to all redevelopment projects that are greater than or equal to 25,000 square feet.D. The following activities may be exempt from the requirements of this article:(1) Any emergency activity which is immediately necessary for the protection of life, property or natural resources.(2) Agricultural activity as defined in this article.(3) Silvicultural activity except that landing areas and log haul roads are subject to this article.(4) Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.(5) Repairs to any stormwater treatment practice deemed necessary by the Town of Webster.