Land disturbance activity approval process.
A. Requirements of application.
(1) Any applicant requesting site plan approval or a permit for land disturbance activity which would require the disturbance of equal or greater than 25,000 square feet of land shall also include with a submission a SWPPP that shall be reviewed and approved by the Town of Webster's Public Works Department prior to issuance of the final site plan approval or a permit.
(2) No applicant shall be granted site plan approval or a permit which would require the disturbance of equal or greater than 25,000 square feet of land without the review and approval of a SWPPP by the Town of Webster's Public Works Department.
(3) Furthermore, prior to the issuance of a permit or site plan approval, all projects that would result in the disturbance of equal or greater than 25,000 square feet of land will be required to comply with all applicable provisions of Chapter 289, Article II, Postconstruction Stormwater Pollution Prevention Measures. As part of the SWPPP, the applicant shall include a signed statement that all applicable requirements of Chapter 289, Article II, Postconstruction Stormwater Pollution Prevention Measures, have been met to the satisfaction of the Town of Webster's Public Works Department.
(4) Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set by the fee schedule adopted by the Town Board from time to time.
(5) Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 289-9 of this article.
(6) Each application shall include a statement that any land clearing, construction, or development involving the movement of land shall be in accordance with the submitted SWPPP.
(7) All land disturbance activities, as defined in § 289-2 of this article, not subject to site plan or permit approval shall be required to submit a SWPPP to the Stormwater Management Officer, designated by the Town of Webster's Public Works Department, who shall approve the SWPPP if it complies with the requirements of this article.
B. Review and approval of application.
(1) The Town Planning Board shall have the authority to grant or deny all permits that are accompanied by a site plan application under the requirements of the Town Zoning Ordinance.[1] The Town Planning Board shall also have the authority to grant or deny all permits that are accompanied by a subdivision application requiring approval from the Town Planning Board. The Commissioner of Public Works or his/her division head, agent or designee shall have the authority to grant or deny all other permits, subject to the provisions of this article. All applications shall be referred to the Conservation Board for its review and recommendations. The Town Planning Board shall conduct a public hearing on those permit applications over which it has authority in accordance with the provisions of § 269-8 of the Town of Webster Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]Editor's Note: See Ch. 269, Site Plan Review; Special Permits.
(2) When the application for a permit made under the provisions of this article is accompanied by an application for site plan approval, subdivision approval and/or EPOD development permit approval, there shall be one public hearing with the Town Planning Board to review and act on all such applications. The Town Planning Board or the Commissioner of Public Works or his/her division head, agent or designee shall grant or deny an application for a permit required by this article within 60 days of the date of filing of the application thereof, unless the applicant(s) and the Town Planning Board consent to a time extension. In those cases where a permit is denied, the applicant shall receive a written statement on the reasons for denial within 10 days of the action.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) The Town Conservation Board shall have 30 days from the date of its receipt of a completed application in which to review and report its recommendations to the Town Planning Board or the Commissioner of Public Works or his/her division head, agent or designee. Should the Town Conservation Board fail to make its report within 30 days, the Commissioner of Public Works or his/her division head, agent or designee or the Town Planning Board may take action without such report.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) In the event that an application for site development has received approval, but no activity has taken place thereupon within one year after such approval, no work may be commenced, and the application must be resubmitted to the Town for review prior to commencement of any new development activity.
C. Exemptions. The following activities are exempt from review under this article:
(1) Any emergency activity which is immediately necessary for the protection of public health, 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's Public Works Department.
D. Fees. The fees associated with legal, engineering and administrative expenses shall be as set by the fee schedule adopted by the Town Board from time to time.