Text · page 129 of 240
Read the whole document on one page (all 240 pages, each with its own heading)
§ 285-78. Applicability; exemptions; conflicts with other requirements. A. Applicability. This article shall be applicable to all land development activities within the Village of East Aurora. B. Exemptions. The following activities shall be exempt from review under this article: ( 1) Agricultural activity; (2) Silvicultural activity, except that landing areas and log haul roads are subject to this article; (3) Routine maintenance activities that disturb fewer than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility; ( 4) Repairs to any storm water management practice or facility deemed necessary by the SMO; (5) Any part of a subdivision if a plat for the subdivision has been approved by the V illage of East Aurora on or before the effective date of this article; (6) Land development activities for which a building permit has been approved on or before the effective date of this article; (7) Cemetery graves; (8) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; (9) Emergency activity immediately necessary to protect life, property or natural resources; (JO) Activities of an individual engaging in home gardening by growing flowers, vegetables or other plants primarily for use by that person and his or her family; and ( 11) Landscaping and horticultural activities in connection with an existing struch1re. C. Conflict. Where the conditions imposed by any provisions of this article are either more restr ictive or less restrictive tha n comparable conditions imposed by any other applicable law, ordinance, resolution, rnle or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern. § 285-79. Review and appl'oval ofstormwate1· pollution prevention plans. A. The Village of East Aurora shall designate an SMO, who shall accept and review all SWPPPs. The SMO may: (1) Review the SWPPPs; (2) Upon approval by the Village Board, engage the services of a registered professional engineer to review the SWPPPs, specifications and related documents at a cost not to exceed a fee schedule established by the Village Board ; or (3) Accept the certification ofa licensed professional that the SWPPPs conform to the requirements of this article. B. For all land development activities subject to review and approval by the Planning Board or Village Board of the Village of East Aurora under floodplain development permit or subdivision regulations, the applicant or developer shall be required to submit a SWPPP that complies w ith the requirements in this article to the SMO, and the land development activity shall be reviewed subject to the standards contained in this article. Within 45 days of receipt ofa SWPPP, the SMO sha ll forward the SWPPP, together with his or her written recommendation to approve, approve with modifications, or disapprove the SWPPP, to such agency or board of the Village of East Aurora which may be reviewing the application for approval of a land development activity requiring subm ission of a SWPPP. A recommendation of approval shall on ly be given if the SWPPP complies w ith the requ irements of this 6 41