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HomeMy WebLinkAboutLL #09 2024 STATE OF NEW YORK DEPARTMENT of STATE ONE, COMIOERCE PLAZA KATHY HOCHUL 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231=0001 r WALTER T. MOSLEY HTTPS://DOS.NY.GOV SECRETARY OF STATE RECEIVED July 1, 2024 JUL - 5 ,2W Denis Noncarrow Town Hall, 53095 Main Road Southold Town Clerk PO Box 1179 . Southold, NY 11971 RE: Town of Southold, Local Law 9, 10, 11, 12 & 13 2024, filed on 6/26/2024 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.aov. Sincerely, State Records .and Law Bureau (518) 473-2492 NEw Department IIK STATE of State DENIS NONCARROW �� A�"'4 �� Town Hall,53095 Main Road TOWN CLERK ® { P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS " Fax(631)765-6145 MARRIAGE OFFICER �° fir' RECORDS MANAGEMENT OFFICER ��� ��® Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 21, 2024 EI 011 981 718 US Priority Mail Express RE: Local Law No #9, 10, 11, 12 and 13 of 2024 Town of Southold, Suffolk County New York State Department of State State Records &Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith a certified copy of Local Law#9, 10, 11, 12 and 13 of 2024 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of this enclosure in your office. Thank you. Very truly your , Lynda M. Rudder Deputy Town Clerk Enclosures cc: Town Attorney NYSDEC NEW YORK STATE DEPARTiNIENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City 2 Town of SOUTHOLD ❑ Village Local Law No. 9 of the year 2024 . A Local Law entitled,A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control Be it enacted the Town Board of the: ❑ County ❑ City Cal Town of SOUTHOLD ❑ Village I. A new Chapter 234 of the Code of the Town of Southold is hereby adopted as follows,: A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion& Sediment Control". 11. §234-1 Legislative Intent A. Findings. The State of New York, pursuant to the Clean Water Act (33 U.S.C. §1251 et seq.) i-s authorized to adopt and implement a State Pollutant Discharge Elimination System (SPDES)permit program regulating the discharge of pollutants from new or existing outlets or point sources into the waters of the State. The State enacted Article 17, Title 8, of the Environmental Conservation Law requiring a State Pollution Discharge Elimination System (SPDES)permit prior to the discharge of any pollutants. Under the Federal National Pollutant Discharge Elimination System (NPDES) regulations, as administrated by New York State, municipalities are required to obtain a permit for the discharge of stormwater. The SPDES permit requires that the Town enact a local law that complies with federal and New York State guidelines for stormwater control, which addresses the following findings of fact as determined by the State and accepted by the Town of Southold: 1. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239-f-1(Rev.04/14) 1 2. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species; 3. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; 4. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation; 5. Impervious surfaces allow less water to percolate into the soil,thereby decreasing groundwater recharge and stream baseflow; 6. Substantial economic losses can result from these adverse impacts on the waters of the municipality; 7. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; 8. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety. 9. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. B. Purpose. The purpose of this local law is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in Section 1 hereof. This local law seeks to meet those purposes by achieving the following objectives: 1. Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-0-24-001 or as amended or revised; 2. Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-20-001 or as amended or revised; 3. Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels; 4. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality; 5. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and 6. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. C. Statutory Authority. In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town of Southold has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Southold and for the protection and enhancement of its physical environment.-The Town of Southold may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law. D. Applicability. This local law shall be applicable to all land development activities as defined in this local law. 1. The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal 2 ` board. The Stormwater Management Officer may (1) review the plans, (2) upon approval by the Town Board of the Town of Southold, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board, or (3) accept the certification of a licensed professional that the plans conform to the requirements of this law. 2. All land development activities subject to review and approval by any duly authorized Board of the Town shall be reviewed subject to the standards contained in this local law 3. All land development activities not subject to review as stated herein at subsection (D)(2) of this paragraph shall be required to submit a Stormwater Pollution Prevention Plan (SWPPP)to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this law. E. Exemptions. The following activities may be exempt from review under this law. 1. Agricultural activity as defined in this local law. 2. Silvicultural activity except that landing areas and log haul roads are subject to this law. 3. 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. 4. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer. 5. Any part of a subdivision if a plat for the subdivision has been approved by the Town of Southold on or before the effective date of this law. 6. Land development activities for which a building permit has been approved on or before the effective date of this law. 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. 10. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family. 11. Landscaping and horticultural activities in connection with an existing structure. §234-2 Definitions The terms used in this local law or in documents prepared or reviewed under this local law shall have the meaning as set forth in this section. Agricultural Activity -the activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities. Applicant- a property owner or agent of a property owner who has filed an application for a land development activity. Building - any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. Channel - a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Clearing - any activity that removes the vegetative surface cover. Dedication - the deliberate appropriation of property by its owner for general public use. 3 Department - the New York State Department of Environmental Conservation Design Manual -the New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices. Developer - a person who undertakes land development activities. Erosion Control Manual -the most recent version of the "New York Standards and Specifications for Erosion and Sediment Control"manual, commonly known as the "Blue Book". Grading - excavation or fill of material, including the resulting conditions thereof. Impervious Cover-those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc). Industrial Stormwater Permit - a State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. Infiltration-the process of percolating stormwater into the subsoil. Jurisdictional Wetland - an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Development Activity - construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. Landowner-the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. Maintenance Agreement - a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. Nonpoint Source Pollution -pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. Phasing - clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. Pollutant of Concern - sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. Project - land development activity 4 Recharge - the replenishment of underground water reserves. Sediment Control -measures that prevent eroded sediment from leaving the site. Sensitive Areas - cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species. SPDES General Permit for Construction Activities GP-0-20-001 - A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP-0- 24-001 -A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards Stabilization- the use of practices that prevent exposed soil from eroding. Stop Work Order - an order issued which requires that all construction activity on a site be stopped. Stormwater-rainwater, surface runoff, snowmelt and drainage Stormwater Hotspot- a land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies. Stormwater Management-the use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. Stormwater Management Facility - one or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. Stormwater Management Officer- an employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices Stormwater Management Practices (SMPs) - measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Stormwater Pollution Prevention Plan (SWPPP) - a plan for controlling stormwater runoff and pollutants from a site during and after construction activities. Stormwater Runoff- flow on the surface of the ground, resulting from precipitation Surface Waters of the State of New York - lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which 5 ` neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. Watercourse - a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. Waterway - a channel that directs surface runoff to a watercourse or to the public storm drain. §234-3 Stormwater Pollution Prevention Plans A. Stormwater Pollution Prevention Plan Requirement No application for approval of a land development activity shall be reviewed until the appropriate board has received a Stormwater Pollution Prevention Plan (SWPPP)prepared in accordance with the specifications in this local law. Each application for approval of a land development activity shall be accompanied by a filing fee. B. Contents of Stormwater Pollution Prevention Plans All SWPPPs shall provide the following background information and erosion and sediment controls: 1. Background information about the scope of the project, including location, type and size of proj ect. 2. Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent offsite surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s); 3. Description of the soil(s) present at the site; 4. Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five (5) acres shall be disturbed at any one time unless pursuant to an approved SWPPP. 5. Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff, 6. Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill -prevention and response; 7. Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out; 8. A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice; 9. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins; 10. Temporary practices that will be converted to permanent control measures; 11. Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place; 12. Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice; 13. Name(s) of the receiving water(s); 14. Delineation of SWPPP implementation responsibilities for each part of the site; 6 ` 15. Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and 16. Any existing data that describes the stormwater runoff at the site. C. Land development activities as defined in §234(1) herein and meeting Condition "I", "2" or"3"below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in subsection "D" below as applicable: Condition 1 - Stormwater runoff from land development 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. Condition 2 - Stormwater runoff from land development activities disturbing five (5) or more acres. Condition 3 - Stormwater runoff from land development activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties. D. SWPPP Requirements for Conditions 1, 2 and 3: 1. All information in §234-3(B) of this local law 2. Description of each post-construction stormwater management practice; 3. Site map/construction drawing(s) showing the specific location(s) and size(s) of each post- construction stormwater management practice; 4. Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms 5. Comparison of post-development stormwater runoff conditions with pre-development conditions 6. Dimensions, material specifications and installation details for each post-construction stormwater management practice; 7. Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice. 8. Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property. 9. Inspection and maintenance agreement binding on all subsequent landowners served by the on- site stormwater management measures in accordance with §234-7 of this local law. 10. For Condition A,the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this local law. §234-4 Other Environmental Permits The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. §234-5 Contractor Certification 1. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity : "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." 2. The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. 7 3. The certification statement(s) shall become part of the SWPPP for the land development activity. 4. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization. §234-6 Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control All land development activities shall be subject to the following performance and design criteria: A. Technical Standards For the purpose of this local law, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law: 1. The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual) 2. New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual). B. Equivalence to Technical Standards Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth herein at subsection (A) above and the SWPPP shall be prepared by a licensed professional. C. Water Quality Standards Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York. §234-7 Maintenance, Inspection and Repair of Stormwater Facilities A. Maintenance and Inspection During Construction 1. The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50)percent. 2. For land development activities as defined herein and meeting Condition 1, 2 or 3 in 234(3)(C), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book. B. Maintenance Easement(s) Prior to the issuance of any approval that has a stormwater management facility as one of the requirements,the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Southold to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Southold. C. Maintenance after Construction The owner or operator d'f permanent stormwater management practices installed in accordance with this law shall ensure they are operated and maintained to achieve the goals of this law. Proper operation and 8 maintenance also includes, as a minimum, the following: 1. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this law. 2. Written procedures for operation and maintenance and training new maintenance personnel. 3. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §234-6(C). D. Maintenance Agreements The Town of Southold shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Suffolk County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this local law entitled Sample Stormwater Control Facility Maintenance Agreement. The Town of Southold, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this local law and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. §234-8 Administration and Enforcement Section 1 - Inspections A. Erosion and Sediment Control Inspection The Town of Southold Stormwater Management Officer shall require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Southold enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer: 1. Start of construction 2. Installation of sediment and erosion control measures 3. Completion of site clearing 4. Completion of rough grading 5. Completion of final grading 6. Close of the construction season 7. Completion of final landscaping 8. Successful establishment of landscaping in public areas. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. B. Stormwater Management Practice Inspections The Town of Southold 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 professional engineer. C. Inspection of Stormwater Facilities After Project Completion Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical 9 discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. D. Submission of Reports The Town of Southold Stormwater Management Officer shall require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law. E. Right-of-Entry for Inspection When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town of Southold the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this Section at paragraph"C". Section 2. Performance Guarantee A. Construction Completion Guarantee In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Southold in its approval of the Stormwater Pollution Prevention Plan, the Town of Southold shall require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Southold as the beneficiary. The security shall be in an amount to be determined by the Town of Southold based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Southold, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one (1) year inspection has been conducted and the facilities have been found to be acceptable to the Town of Southold. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance Guarantee Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility,the developer, prior to construction, shall be required to provide the Town of Southold with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Southold may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. C. Recordkeeping All entities subject to this law shall maintain records demonstrating compliance with this law. Section 3. Enforcement and Penalties A. Notice of Violation. When the Town of Southold determines that a land development activity is not being carried out in accordance with the requirements of this local law, it may issue a written notice of violation to the landowner. The notice of violation shall contain: 1. the name and address of the landowner, developer or applicant; 2. the address when available or a description of the building, structure or land upon which the violation is occurring; 3. a statement specifying the nature of the violation; 4. a description of the remedial measures necessary to bring the land development activity into compliance with this local law and a time schedule for the completion of such remedial action; 10 5. a statement of_the penalty or penalties that shall or may be assessed against the person to.whom the notice of violation is directed; 6. a statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) days of service of notice of violation. B. Stop Work Orders The Town of Southold may issue a stop work order for violations of this law. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the Town of Southold confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law. C. Violations Any land development activity that is commenced or is conducted contrary to this local law, may be restrained by injunction or otherwise abated in a manner provided by law. D. Penalties In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than Seven Thousand Five Hundred ($7,500) dollars nor more than Ten Thousand dollars ($10,000) or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than Fifteen Thousand ($15,000) dollars nor more than Twenty Thousand ($20,000) dollars or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. E. Withholding of Certificate of Occupancy If any building or land development activity is installed or conducted in violation of this local law the Stormwater Management Officer may prevent the occupancy of said building or land. F. Restoration of lands Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Southold may take necessary corrective action, the cost of which shall become a lien upon the property until paid. §234-9 Fees for Services The Town of Southold may require any person undertaking land development activities regulated by this law to pay a fee for review of SWPPPs, inspections, and SMP maintenance performed by the Town of Southold or performed by a third party for the Town of Southold, at a rate to be determined by Town Board resolution. §234-10 Severability and Effective Date III. Severability If the provisions of any article, section, subsection, paragraph, subdivision or clause of this local law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this local law. IV. Effective Date This local law shall be in full force and effect immediately upon its final adoption and filing with the Secretary of State. All prior laws and parts of law in conflict with this law are hereby repealed. 11 Schedule A Stormwater Management Practices Acceptable for Water Quality (From: New York State Stormwater Management Design Manual, Table 5.1) Group Practice Description Micropool Extended Pond that treats the majority of the water quality volume Pond Detention Pond (P-1) through extended detention, and incorporates a micropool at the outlet of the pond to prevent sediment resuspension. Wet Pond (P-2) Pond that provides storage for the entire water quality volume in the permanent pool. Wet Extended Detention Pond that treats a portion of the water quality volume by Pond (P-3) detaining storm flows above a permanent pool for a specified minimum detention time. Multiple Pond System (P- A group of ponds that collectively treat the water quality 4) volume. Pocket Pond (P-5) A stormwater wetland design adapted for the treatment of runoff from small drainage areas that has little or no baseflow available to maintain water elevations and relies on groundwater to maintain a permanent pool. Shallow Wetland (W-1) A wetland that provides water quality treatment entirely in a shallow marsh. Extended Detention A wetland system that provides some fraction of the water Wetland (W-2) quality volume by detaining storm flows above the marsh surface. Pond/Wetland System A wetland system that provides a portion of the water quality (W-3) volume in Wetland the permanent pool of a wet pond that precedes the marsh for a specified minimum detention time. Pocket Wetland (W-4) A shallow wetland design adapted for the treatment of runoff from small drainage areas that has variable water levels and relies on groundwater for its permanent pool. Infiltration Trench (1-1) An infiltration practice that stores the water quality volume in the void spaces of a gravel trench before it is infiltrated into the ground. Infiltration Basin (1-2) An infiltration practice that stores the water quality volume in a shallow Infiltration depression before it is infiltrated into the ground. Dry Well (I-3) An infiltration practice similar in design to the infiltration trench, and best suited for treatment of rooftop runoff. Surface Sand Filter (F-1) A filtering practice that treats stormwater by settling out larger Filtering particles in a sediment chamber, and then filtering stormwater Practices through a sand matrix. Underground Sand Filter A filtering practice that treats stormwater as it flows through (F- 2) underground settling and filtering chambers. 12 ' Perimeter Sand Filter (F- A filter that incorporates a sediment chamber and filter bed as 3) parallel vaults adjacent to a parking lot. Organic Filter(F-4) A filtering practice that uses an organic medium such as compost in the filter in place of sand. Bioretention (F-5) A shallow depression that treats stormwater as it flows through a soil matrix, and is returned to the storm drain system. Dry Swale (0-1) An open drainage channel or depression explicitly designed to detain and Open promote the filtration of stormwater runoff into the soil media. Channels Wet Swale (0-2) An open drainage channel or depression designed to retain water �or intercept groundwater for water quality treatment. Schedule B SAMPLE STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT Whereas,the Town of Southold (Town) and the ("facility owner") want to enter into an agreement to provide for the long-term maintenance and continuation of stormwater control measures approved by the Town for the below named project, and Whereas, the Town and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned,repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Town and the facility owner agree as follows: 1. This agreement binds the Town and the facility owner, its successors and assigns, to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. 2. The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices and retention ponds. 3. The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. 4. The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five (5)year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Town within 30 days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater control measures. 5. The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Town. 6. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Town or in accordance with the recommendations of the inspecting engineer. 7. The facility owner shall provide to the Town within 30 days of the date of this agreement, a security for 13 the maintenance and continuation of the stormwater control measures in the form of(a.Bond, letter of credit or escrow account). 8. This agreement shall be recorded in the Office of the County Clerk, County of Suffolk together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to 9. If ever the Town determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Town or by the inspecting engineer, the Town is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property. 10. This agreement is effective 14 (Complete the certification in the paragraph that applies to the filing of this local.law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 9 of 20 24 . of the ( (Town) of SOUTHOLD was duly passed by the TOWN BOARD on June 18 ,20 24 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Vi I]age) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or, If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239-f-I(Rev.04/14) 15 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York,having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the or' 'nal n file in this office and that the same is a correct transcript there from and of the whole of such original local 1 , and as finally adopted in the manner indicated in paragraph 1 , above. Clerk ie County legislative body, City, Town or (Seal) Village Clerk or officer designated by local legislative body Denis Noncarrow,Town Clerk Date: June 20,2024 DOS-239-f-1(Rev.04/14) 16 J4 RESOLUTION 2024-560 In °ryy ADOPTED DOC ID: 20368 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-560 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18, 2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 9th day of April, 2024, A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control." and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the purposed Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control" reads as follows: LOCAL LAW NO. 9 of 2024 I. A new Chapter 234 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control". II. §234-1 Legislative Intent A. Findings. The State of New York, pursuant to the Clean Water Act (33 U.S.C. §1251 et seq.) is authorized to adopt and implement a State Pollutant Discharge Elimination System (SPDES)permit program regulating the discharge of pollutants from new or existing outlets or point sources into the waters of the State. The State enacted Article 17, Title 8, of the Environmental Conservation Law requiring a State Pollution Discharge Elimination System (SPDES)permit prior to the discharge of any pollutants. Under the Federal National Pollutant Discharge Elimination System (NPDES) regulations, as administrated by New York State, municipalities are required to obtain a permit for the discharge of stormwater. The SPDES permit requires that the Town enact a local law that complies with federal and New York State guidelines for stormwater control, which addresses the following findings of fact as determined by the State and accepted by the Town of Southold: 1. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; 2. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable Resolution 2024-560 Board Meeting of June 18, 2024 species; 3. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; 4. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation; 5. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow; 6. Substantial economic losses can result from these adverse impacts on the waters of the municipality; 7. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; 8. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety. 9. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. B. Purpose. The purpose of this local law is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in Section 1 hereof. This local law seeks to meet those purposes by achieving the following objectives: 1. Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-0-24-001 or as amended or revised; 2. Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0- 20-001 or as amended or revised; 3. Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels; 4. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality; 5. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and 6. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 2 Resolution 2024-560 Board Meeting of June 18, 2024 C. Statutory Authority. In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town of Southold has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Southold and for the protection and enhancement of its physical environment. The Town of Southold may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law. D. Applicability. This local law shall be applicable to all land development activities as defined in this local law. 1. The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may (1) review the plans, (2) upon approval by the Town Board of the Town of Southold, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board, or(3) accept the certification of a licensed professional that the plans conform to the requirements of this law. 2. All land development activities subject to review and approval by any duly authorized Board of the Town shall be reviewed subject to the standards contained in this local law 3. All land development activities not subject to review as stated herein at subsection (D)(2) of this paragraph shall be required to submit a Stormwater Pollution Prevention Plan (SWPPP)to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this law. E. Exemptions. The following activities may be exempt from review under this law. 1. Agricultural activity as defined in this local law. 2. Silvicultural activity except that landing areas and log haul roads are subject to this law. 3. 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. 4. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer. 5. Any part of a subdivision if a plat for the subdivision has been approved by the Town of Southold.on or before the effective date of this law. 6. Land development activities for which a building permit has been approved on or before the effective date of this law. 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. 10. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family. 11. Landscaping and horticultural activities in connection with an existing structure. Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 3 Resolution 2024-560 Board Meeting of June 18, 2024 §234-2 Definitions The terms used in this local law or in documents prepared or reviewed under this local law shall have the meaning as set forth in this section. Agricultural Activity -the activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities. Applicant- a property owner or agent of a property owner who has filed an application for a land development activity. Building- any structure, either temporary or permanent,having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. Channel - a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Clearing- any activity that removes the vegetative surface cover. Dedication -the deliberate appropriation of property by its owner for general public use. Department-the New York State Department of Environmental Conservation Design Manual -the New York State Stormwater Management Design Manual, most recent version including applicable updates,that serves as the official guide for stormwater management principles, methods and practices. Developer- a person who undertakes land development activities. Erosion Control Manual -the most recent version of the "New York Standards and Specifications for Erosion and Sediment Control"manual, commonly known as the "Blue Book". Grading- excavation or fill of material, including the resulting conditions thereof. Impervious Cover-those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water(e.g., building rooftops,pavement, sidewalks, driveways, etc). Industrial Stormwater Permit- a State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. Infiltration -the process of percolating stormwater into the subsoil. Jurisdictional Wetland - an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Development Activity - construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. Landowner-the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. Maintenance Agreement - a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. Nonpoint Source Pollution -pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 4 Resolution 2024-560 Board Meeting of June 18, 2024 Phasing- clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. Pollutant of Concern - sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. Project-land development activity Recharge -the replenishment of underground water reserves. Sediment.Control -measures that prevent eroded sediment from leaving the site. Sensitive Areas - cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species. SPDES General Permit for Construction Activities GP-0-20-001 -A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP-0-24-001 -A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards Stabilization -the use of practices that prevent exposed soil from eroding. Stop Work Order - an order issued which requires that all construction activity on a site be stopped. Stormwater-rainwater, surface runoff, snowmelt and drainage Stormwater Hotspot- a land use or activity that generates higher concentrations of hydrocarbons,trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies. Stormwater Management -the use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. Stormwater Management Facility - one or a series of stormwater,management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. Stormwater Management Officer- an employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices Stormwater Management Practices (SMPs) -measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Stormwater Pollution Prevention Plan (SWPPP) - a plan for controlling stormwater runoff and pollutants from a site during and after construction activities. Stormwater Runoff- flow on the surface of the ground, resulting from precipitation Surface Waters of'the State of New York-.lakes, bays, sounds,ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water,natural or artificial, inland or coastal, fresh or salt,public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 5 Resolution 2024-560 Board Meeting of June 18, 2024 manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. Watercourse - a permanent or intermittent stream or other body of water, either natural or man- made, which gathers or carries surface water. Waterway - a channel that directs surface runoff to a watercourse or to the public storm drain. §234-3 Stormwater Pollution Prevention Plans A. Stormwater Pollution Prevention Plan Requirement No application for approval of a land development activity shall be reviewed until the appropriate board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this local law. Each application for approval of a land development activity shall be accompanied by a filing fee. B. Contents of Stormwater Pollution Prevention Plans All SWPPPs shall provide the following background information and erosion and sediment controls: 1. Background information about the scope of the project, including location, type and size of project. 2. Site map/construction drawing(s) for the project, including a general location map. At a minimum,the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent offsite surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s); 3. Description of the soil(s) present at the site; 4. Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five (5) acres shall be disturbed at any one time unless pursuant to an approved SWPPP. 5. Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff, 6. Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill -prevention and response; 7. Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out; 8. A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice; 9. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins; Updated: 6/18/2024 1:35 PM-by Lynda Rudder Page 6 Resolution 2024-560 Board Meeting of June 18, 2024 10. Temporary practices that will be converted to permanent control measures; 11. Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place; 12. Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice; 13. Name(s) of the receiving water(s); 14. Delineation of SWPPP implementation responsibilities for each part of the site; 15. Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and 16. Any existing data that describes the stormwater runoff at the site. C. Land development activities as defined in §234(1) herein and meeting Condition"1", "2" or"3"below shall also include water quantity and water quality controls (post- construction stormwater runoff controls) as set forth in subsection"D"below as applicable: Condition 1 - Stormwater runoff from land development 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. Condition 2 - Stormwater runoff from land development activities disturbing five (5) or more acres. Condition 3 - Stormwater runoff from land development activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties. D. SWPPP Requirements for Conditions 1, 2 and 3: 1. All information in §234-3(B) of this local law 2. Description of each post-construction stormwater management practice; 3. Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice; 4. Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms 5. Comparison of post-development stormwater runoff conditions with pre- development conditions 6. Dimensions, material specifications and installation details for each post- construction stormwater management practice; 7. Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice. 8. Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property. 9. Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §234- 7 of this local law. 10. For Condition A, the SWPPP shall be prepared by a landscape architect, certified Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 7 Resolution 2024-560 Board Meeting of June 18, 2024 professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this local law. §234-4 Other Environmental Permits The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. §234-5 Contractor Certification 1. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity : "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." 2. The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. 3. The certification statement(s) shall become part of the SWPPP for the land development activity. 4. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization. §234-6 Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control All land development activities shall be subject to the following performance and design criteria: A. Technical Standards For the purpose of this local law, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law: 1. The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual) 2. New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual). B. Equivalence to Technical Standards Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth herein at subsection (A) above and the SWPPP shall be prepared by a licensed professional. Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 8 Resolution 2024-560 Board Meeting of June 18, 2024 C. Water Quality Standards Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York. §234-7 Maintenance, Inspection and Repair of Stormwater Facilities A. Maintenance and Inspection During Construction 1. The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent. 2. For land development activities as defined herein and meeting Condition 1, 2 or 3 in 234(3)(C), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book. B. Maintenance Easement(s) Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Southold to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Southold. C. Maintenance after Construction The owner or operator of permanent stormwater management practices installed in accordance with this law shall ensure they are operated and maintained to achieve the goals of this law. Proper operation and maintenance also includes, as a minimum, the following: 1. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this law. 2. Written procedures for operation and maintenance and training new maintenance personnel. 3. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §234-6(C). D. Maintenance Agreements The Town of Southold shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Suffolk County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 9 Resolution 2024-560 Board Meeting of June 18, 2024 local law entitled Sample Stormwater Control Facility Maintenance Agreement. The Town of Southold, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this local law and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. §234-8 Administration and Enforcement Section I -Inspections A. Erosion and Sediment Control Inspection The Town of Southold Stormwater Management Officer shall require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Southold enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer: 1. Start of construction 2. Installation of sediment and erosion control measures 3. Completion of site clearing 4. Completion of rough grading 5. Completion of final grading 6. Close of the construction season 7. Completion of final landscaping 8. Successful establishment of landscaping in public areas. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. B. Stormwater Management Practice Inspections The Town of Southold 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 professional engineer. C. Inspection of Stormwater Facilities After Project Completion Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 10 Resolution 2024-560 Board Meeting of June 18, 2024 D. Submission of Reports The Town of Southold Stormwater Management Officer shall require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law. E. Right-of-Entry for Inspection When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town of Southold the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this Section at paragraph"C". Section 2. Performance Guarantee A. Construction Completion Guarantee In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Southold in its approval of the Stormwater Pollution Prevention Plan,the Town of Southold shall require the applicant.or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Southold as the beneficiary. The security shall be in an amount to be determined by the Town of Southold based on submission of final design plans,with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Southold,provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies)have been constructed in accordance with the approved plans and specifications and that a one (1)year inspection has been conducted and the facilities have been found to be acceptable to the Town of Southold. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance Guarantee Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility,the developer, prior to construction, shall be required to provide the Town of Southold with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Southold may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. C. Recordkeeping All entities subject to this law shall maintain records demonstrating compliance with this law. Section 3. Enforcement and Penalties A. Notice of Violation. When the Town of Southold determines that a land development activity is not being carried out in accordance with the requirements of this local law, it may issue a written notice of violation to the landowner. The notice of violation shall contain: 1. the name and address of the landowner, developer or applicant; Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 11 Resolution 2024-560 Board Meeting of June 18, 2024 2. the address when available or a description of the building, structure or land upon which the violation is occurring; 3. a statement specifying the nature of the violation; 4. a description of the remedial measures necessary to bring the land development activity into compliance with this local law and a time schedule for the completion of such remedial action; 5. a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 6. a statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) days of service of notice of violation. B. Stop Work Orders The Town of Southold may issue a stop work order for violations of this law. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the Town of Southold confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law. C. Violations Any land development activity that is commenced or is conducted contrary to this local law, may be restrained by injunction or otherwise abated in a manner provided by law. D. Penalties In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than Seven Thousand Five Hundred ($7,500) dollars nor more than Ten Thousand dollars ($10,000) or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years,punishable by a fine not less than Fifteen Thousand ($15,000) dollars nor more than Twenty Thousand ($20,000) dollars or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. E. Withholding of Certificate of Occupancy If any building or land development activity is installed or conducted in violation of this local law the Stoimwater Management Officer may prevent the occupancy of said building or land. F. Restoration of lands Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Southold may Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 12 Resolution 2024-560 Board Meeting of June 18, 2024 take necessary corrective action, the cost of which shall become a lien upon the property until paid. §234-9 Fees for Services The Town of Southold may require any person undertaking land development activities regulated by this law to pay a fee for review of SWPPPs, inspections, and SMP maintenance performed by the Town of Southold or performed by a third party for the Town of Southold, at a rate to be determined by Town Board resolution. §234-10 Severability and Effective Date III. Severability If the provisions of any article, section, subsection, paragraph, subdivision or clause of this local law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection,paragraph, subdivision or clause of this local law. IV. Effective Date This local law shall be in full force and effect immediately upon its final adoption and filing with the Secretary of State. All prior laws and parts of law in conflict with this law are hereby repealed. Schedule A Stormwater Management Practices Acceptable for Water Quality (From:New York State Stormwater Management Design Manual, Table S.l) Group Practice Description Micropool Extended Pond that treats the majority of the water quality volume Pond Detention Pond (P-1) through extended detention, and incorporates a micropool at the outlet of the pond to prevent sediment resuspension. Wet Pond (P-2) Pond that provides storage for the entire water quality volume in the permanent pool. Wet Extended Detention Pond that treats a portion of the water quality volume by Pond (P-3) detaining storm flows above a permanent pool for a specified minimum detention time. Multiple Pond System (P- A group of ponds that collectively treat the water quality 4) volume. Pocket Pond (P-5) A stormwater wetland design adapted for the treatment of runoff from small drainage areas that has little or no baseflow available to maintain water elevations and relies on groundwater to maintain a permanent pool. Shallow Wetland (W-1) A wetland that provides water quality treatment entirely in a shallow marsh. Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 13 Resolution 2024-560 Board Meeting of June 18, 2024 Extended Detention A wetland system that provides some fraction of the water Wetland (W-2) quality volume by detaining storm flows above the marsh surface. Pond/Wetland System A wetland system that provides a portion of the water quality (W-3) volume in Wetland the permanent pool of a wet pond that precedes the marsh for a specified minimum detention time. Pocket Wetland (W-4) A shallow wetland design adapted for the treatment of runoff from small drainage areas that has variable water levels and relies on groundwater for its permanent pool. Infiltration Trench (I-1) An infiltration practice that stores the water quality volume in the void spaces of a gravel trench before it is infiltrated into the ground. Infiltration Basin (I-2) An infiltration practice that stores the water quality volume in a shallow Infiltration depression before it is infiltrated into the ground. Dry Well (I-3) An infiltration practice similar in design to the infiltration trench, and best suited for treatment of rooftop runoff. Surface Sand Filter (F-1) A filtering practice that treats stormwater by settling out larger Filtering particles in a sediment chamber, and then filtering stormwater Practices through a sand matrix. Underground Sand Filter A filtering practice that treats stormwater as it flows through (F- 2) underground settling and filtering chambers. Perimeter Sand Filter (F- A filter that incorporates a sediment chamber and filter bed as 3) parallel vaults adjacent to a parking lot. Organic Filter (F-4) A filtering practice that uses an organic medium such as compost in the filter in place of sand. Bioretention (F-5) A shallow depression that treats stormwater as it flows through a soil matrix, and is returned to the storm drain system. Dry Swale (0-1) An open drainage channel or depression explicitly designed to detain and Open promote the filtration of stormwater runoff into the soil media. Channels Wet Swale (0-2) An open drainage channel or depression designed to retain water or intercept groundwater for water quality treatment. Schedule B SAMPLE STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT Whereas,the Town of Southold (Town) and the ("facility owner") want to enter into an agreement to provide for the long-term maintenance and continuation of stormwater control measures approved by the Town for the below named project, and Whereas, the Town and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired, Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 14 Resolution 2024-560 Board Meeting of June 18, 2024 replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Town and the facility owner agree as follows: 1. This agreement binds the Town and the facility owner, its successors and assigns, to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. 2. The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices and retention ponds. 3. The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. 4. The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five (5) year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Town within 30 days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater control measures. 5. The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Town. 6. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Town or in accordance with the recommendations of the inspecting engineer. 7. The facility owner shall provide to the Town within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of(a Bond, letter of credit or escrow account). 8. This agreement shall be recorded in the Office of the County Clerk, County of Suffolk together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to 9. If ever the Town determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Town or by the inspecting engineer,the Town is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property. 10. This agreement is effective Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 15 Resolution 2024-560 Board Meeting of June 18, 2024 Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 16 CHAPTER 234 SPDES Stormwater Management 1 . SEQRA 2. Southold Town Planning — No Comment 3 . LWRP 4. Affidavits of Publication Suffolk Times 5 . Legal Notice 6. Affidavit of Posting 7. Resolution � Y OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 O���F SOU�yOI Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) O Southold,NY � � Telephone: 631 765-1938 www.southoldtownny.gov �ycou ,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED JUN 17 2024 MEMORANDUM Southold Town Clerk To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry,Assistant Director of Planning Date: June 17, 2024 Re: A Local Law in relation to "A Local Law in Relation to SPEDS Stormwater Management and Erosion and Sediment Control." The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management"and, therefore a Type II action not subject to review. 617.5(c)(26) "routine or continuing agency administration and management,-not including new . programs or major reordering of priorities that may affect the environment," Please call me with any questions. Cc; Paul DeChance, Town Attorney OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®g s® P.O. Box 1179 54375 State Route 25 ��� ®� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) '` Southold,NY y� Telephone: 631 765-1938 www.southoldtownny.gov c®m� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry, Assistant Director of Planning Date: June 17, 2024 Re: A Local Law in relation to "A Local Law in Relation to SPEDS Stormwater Management and Erosion and Sediment Control." The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and, therefore a Type II action not subject to review. 617.5(c)(26) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;" Please call me with any questions. Cc; Paul DeChance, Town Attorney OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 ®� S®UT�®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY g�g �g Telephone: 631 765-1938 www.southoldtow-xmy.gov c0Uf14�,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry, Assistant Director of Planning Date: June 17, 2024 Re: A Local Law in relation to "A Local Law in Relation to SPEDS Stormwater Management and Erosion and Sediment Control." The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and, therefore a Type II action not subject to review. 61 7.5(c)(26) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;" Please call me with any questions. Cc; Paul DeChance, Town Attorney f � OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �®g so P.O. Box 1179 54375 State Route 25 ®��, ®� Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY �'g Telephone: 631 765-1938 www.southoldtow-xmy.gov c®UNTY,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry, Assistant Director of Planning Date: June 17, 2024 Re: A Local Law in relation to "A Local Law in Relation to SPEDS Stormwater Management and Erosion and Sediment Control." The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and, therefore a Type II action not subject to review. 617.5(c)(26) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;" Please call me with any questions. Cc; Paul DeChance, Town Attorney OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 ®��®� S®U��®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY �g Telephone: 631 765-1938 www.southoldtow-xmy.gov cou V,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry, Assistant Director of Planning Date: June 17, 2024 Re: A Local Law in relation to "A Local Law in Relation to SPEDS Stormwater Management and Erosion and Sediment Control." The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and, therefore a Type II action not subject to review. 617.5(c)(26) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;" Please call me with any questions. Cc; Paul DeChance, Town Attorney OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 ®�,�®� 5����®�® Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY g� Telephone: 631 765-1938 www.southoldtowuny.gov ��COUNIT`I,�� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry, Assistant Director of Planning Date: June 17, 2024 Re: A Local Law in relation to "A Local Law in Relation to SPEDS Stormwater Management and Erosion and Sediment Control." The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and, therefore a Type II action not subject to review. 61 7.5(c)(26) "routine or continuing agency administration and management, not including new programs or major reordering ofpriorities that may affect the environment,- Please call me with any questions. Cc; Paul DeChance, Town Attorney OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 ®�,�®F S����°®�® Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY y� g� Telephone: 631 765-1938 www.southoldtownny.gov ®UNTV,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry, Assistant Director of Planning Date: June 17, 2024 Re: A Local Law in relation to "A Local Law in Relation to SPEDS Stormwater Management and Erosion and Sediment Control." The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and, therefore a Type II action not subject to review. 61 7.5(c)(26) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,- Please call me with any questions. Cc; Paul DeChance, Town Attorney i OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®� S0(/ P.O. Box 1179 54375 State Route 25 ��� r�®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY �g Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry, Assistant Director of Planning Date: June 17, 2024 Re: A Local Law in relation to "A Local Law in Relation to SPEDS Stormwater Management and Erosion and Sediment Control." The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and, therefore a Type II action not subject to review. 61 7.5(c)(26) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;" Please call me with any questions. Cc; Paul DeChance, Town Attorney J S Rudder, Lynda From: Lanza, Heather Sent: Friday, June 14, 2024 8:39 AM To: Rudder, Lynda;Terry, Mark Cc: Noncarrow, Denis; DeChance, Paul; Michaelis,Jessica Subject: RE: LWRP Comments Hello, I don't believe Planning Board comments are required for amending these three chapters. Chapter 235 Storm Sewer Systems Chapter 236 Stormwater Management Chapter 234 SPDES Stormwater Management Heather From: Rudder, Lynda <lynda.rudder@town.southold.ny.us> Sent: Friday,June 14, 2024 7:43 AM To:Terry, Mark<mark.terry@town.southold.ny.us> Cc: Noncarrow, Denis<denisn@southoldtownny.gov>; Lanza, Heather<heather.lanza@town.southold.ny.us> Subject: RE: LWRP Comments Yes please provide SEQR and PB comments From:Terry, Mark<mark.terrv@town.southold.nv.us> Sent:Thursday,June 13, 2024 3:52 PM To: Rudder, Lynda <Ivnda.rudder@town.southold.ny.us> Cc: Noncarrow, Denis<denisn@southoldtownny.gov_>; Lanza, Heather<heather.lanza@town.southold.ny.us> Subject: RE: LWRP Comments Lynda, Here you go. Do you also need SEAR and PB comments? Frankly, my assessment of these LLs is to add clarity and better protect the Town. Best, Mark Terry, AICP Assistant Town Planning Director Local Waterfront Revitalization Coordinator Southold Town Hall Annex- 54375 State Route 25 P.O. Box 1179 Southold,New York 11971-0959 (631) -765-1938 1 From:Terry, Mark Sent:Thursday,June 13, 2024 3:25 PM To: Rudder, Lynda <Ivnda.rudder@town.southold.nv.us> Cc: Doherty,Jill <iill.doherty@town.southold.nv.us>; Doroski, Greg<greg.doroski@town.southold.ny.us>; Krupski,Al <alk@town.southold.nV.us>; Louisa Evans<Ipevans06390@gmail.com>; Mealy, Brian <brian.mealy@town.southold.nv.us>; Noncarrow, Denis<denisn@southoldtownnv.gov>; Norklun, Stacey <Stacey.Norklun town.southold.nv.us>; Smith,Anne<anne.smith town.so'uthold.nv.us>; Standish, Lauren <Lauren.Standish@town.southold.nv.us>;Tomaszewski, Michelle<michellet town.southold.nv.us>; DeChance, Paul <pauld@southoldtownnv.gov>;Johnson, Benjamin <beniamini@southoldtownnv.gov>; McGivney,Julie <iuliem@southoldtownnv.gov> Subject: RE: LWRP Comments Sent April 26' ...do you need another copy? From: Rudder, Lynda <Iynda.rudder town.southold.ny.us> Sent:Wednesday,June 12, 2024 2:03 PM To:Terry, Mark<mark.terry town.southold.ny.us> Cc: Doherty,Jill <fill.dohertv(@town.southold.nV.us>; Doroski, Greg<greg.doroski@town.southold.nv.us>; Krupski, Al <alk@town.southold.nv.us>; Louisa Evans<Ipevans06390@gmail.com>; Mealy, Brian <brian.mealy town.southold.nv.us>; Noncarrow, Denis<denisn @ southoldtownnv.gov>; Norklun,Stacey <Stacey.Norklun@town.southold.nv.us>; Smith,Anne<anne.smith@town.southold.nv.us>; Standish, Lauren <Lauren.Standish town.southold.nv.us>;Tomaszewski, Michelle<michellet town.southold.nv.us>; DeChance, Paul <pauld@southoldtownnv.go_v>;Johnson, Benjamin <beniamini southoldtownnv.go_v>; McGivney,Julie <juliem@southoldtownny.gov> Subject: LWRP Comments Importance: High LWRP comments have not been received for the following: TITLE DATE REQUEST SENT Temporary Moratorium Resorts April 25, 2024 email Chapter 235 Storm Sewer Systems April 11, 2024 email Chapter 236 Stormwater Management April 11, 2024 email Chapter 234 SPDES Stormwater Management April 11, 2024 email Please provide comments before 1:00 pm, Friday,June 14, 2024, as the files need to be completed for the Public Hearings. Thank you Deputy Town Clerk Principal Account Clerk Southold Town 53095 Main Road PO Box 1179 Southold,NY 11971 631/765-1800 ext.1210 2 s T 631/765-6145 Fax 3 IECEIVED JUN 13 2�t4 Southold Town Clerk MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date: June 13, 2024 Re: Local Waterfront Revitalization Coastal Consistency Review"A Local Law in Relation to SPEDS Stormwater Management and Erosion and Sediment Control." The"Local Law in Relation to SPEDS Stormwater Management and Erosion and Sediment Control."was reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided to this department, the proposed action is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney d�ti 99b2a1 b2 sabrina.born@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of Mie Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 05/23/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, 'Ibis 28 day of May 2024 AL Digitally signed DOUGLASWREA by douglas w rea Notary Public-State of New York Date: 2024.05.28 NO,OIRE6398443 13:56:20 +00:00 Qualified in Albany County My Commission Expires Sep 30,2027 t LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Sufft k County, New York, on the 9 day of April, 2024, A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control." and therefor be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at. Southold Town Hall, 53095 Main RotV, Southold, New York, on the 18 day of June. 2024 at 4:30 ,p.m. at which time all interested persons will be given an opportunity to be heard. The purposed Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control" reads as follows: LOCAL LAW NO. 2024 I. A new Chapter 234 of the Code of the Town of Southold. The entire proposed Local Law is found on the Town website: www.southoldtownny.gov or at the Southold Town Clerk's Office. Dated: April 9, 2024 BY ORDER OF THE SOUTHOLD TOWN BOARD Denis Noncarrow Southold Town Clerk Born, Sabrina From: Born, Sabrina Sent: Thursday, April 11, 2024 2:33 PM To: Lanza, Heather; Michaelis, Jessica;Terry, Mark Subject: Ch. 234-SPDES Stormwater Management Attachments: Ch.234-SPDES Stormwater Ma nag ement_20240411134114.pdf Importance: High Please see attached for your review. Thank you, .�a�iuia7?Z�an� Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 From: Born,Sabrina Sent:Thursday,April 11, 2024 2:05 PM To: LL Referral Notice-Suff Co Ping (Plannin.ugpi9cmyw7vgOoku@u.box.com) <Plannin.ugpi9cmyw7vgOoku@u.box.com> Cc: Noncarrow, Denis<denisn@southoldtownny.gov>; Mudd,Jennifer<jennifer.mudd@town.southold.ny.us>; Rudder, Lynda <lynda.rudder@town.southold.ny.us> Subject: Ch. 234-SPDES Stormwater Management Importance: High Good Afternoon, Please see attached, a Southold Town Public Hearing Notice for Ch. 234-SPDES Stormwater Management and Erosion& Sediment Control. The Public Hearing is set to be held on Tuesday, June 18, 2024. Thank you, ,�aenuia�d2�on� Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 1 e / Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: Ch.234-SPDES Stormwater Management_20240411134114.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 2 Appendix A - County Referral Form Appendix A—Suffolk County Planning Commission Guidebook -- ---Suffolk 1 Planning Commission Unty ZN m, ission CoverIrm For Plannin• and Zoning Municipality: Town of Southold Hamlet: Local Case Number: 2024-329 - District: Section: Block: Lot:: Local Meeting Date: .04/09/2024 Application/Action Name: Ch.234-SPDES Stormwater Management Public Hearing: ® Yes ❑ No 12eferriris'Aciency: T Tdno of_f�efeirai: SEQRAAdtforii ❑Planning Board or Commission New ❑EAF ❑Draft EIS [I Positive Declaration ❑Zoning Board of Appeals ❑Expansion ❑Lead Agency [IFinal EIS ❑Negative Declaration ®Town Board/Village Board of ❑Modification ❑Draft Scope ❑Findings Trustees Brief description of application or proposed action: Chapter 234-SPDES Stormwater Management and Erosion& Sediment Control Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone,within one mile of a nuclear power plant or airport or within 500 feet of: • A municipal boundary; • The boundary of any existing or proposed county,state,or federal park or other recreation area; • The right-of-way of any existing or proposed county or state road; • An existing or proposed county drainage channel line; • The Atlantic Ocean,Long Island Sound,any bay In Suffolk County or estuary of any of the foregoing bodies of water, The boundary of county,state,or federally owned land held or to be held for governmental use; The boundary of a farm located in an agricultural district. ❑Comprehensive Plan(Adoption or Amendment) ❑Subdivision ❑Zoning Ordinance or Map(Adoption or Amendment) ❑ Use Variance ❑Code Amendment ❑Area Variance ❑Official Map ❑Special Use Permit/Exception/Conditional Use ❑ Moratorium ❑Site Plan Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission. The provisions of GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements. Additional Application Information • Action Previously Referred to Suffolk County Planning Commission ❑Yes IA No (If yes,Date ) • Adjacent Municipality Notified(see NYS GML 239 nn) ❑Yes 12 No ❑N/A • Located Within Long Island Pine Barrens Zone ❑Yes W No • Workforce/Affordable Housing ❑Yes IN No ❑N/A Energy Efficiency ❑Yes ®No ❑N/A • Zoning Board of Appeals Approval ❑Yes M No ❑N/A Suffolk County Department of Health Approval/Comments ❑Yes I@ No ❑N/A • New York State Dept.of Environmental Conservation Approval/Comments ❑Yes IN No ❑N/A New York State/Suffolk County Dept.of Public Works Approval/Comments ❑Yes M No ❑NIA Suffolk County Sanitary Code Article 6,Groundwater Management Zone- ❑I ❑II ❑III ❑IV ❑V ❑VI ❑VII ❑VIII Contact Information Municipality Contact Name: ,Albert J. Krupski Jr.,Supervisor DepartmentlAgency: .Town of Southold Phone Number: 631-765-1800 Email Address: denisn southoldtownny gov Applicant Contact Name:. Denis N,oncarrow,Town Clerk Applicant Address: 53095 Main Rd., PO Box 1179,Southold NY 11971 Born, Sabrina From: Born, Sabrina Sent: Thursday,April 11, 2024 2:05 PM To: LL Referral Notice-Suff Co Ping (Plannin.ugpi9cmyw7vgOoku@u.box.com) Cc: Noncarrow, Denis; Mudd,Jennifer; Rudder, Lynda Subject: Ch. 234-SPDES Stormwater Management Attachments: Ch.234-SPDES Stormwater Management_20240411134114.pdf Importance: High Good Afternoon, Please see attached, a Southold Town Public Hearing Notice for Ch. 234-SPDES Stormwater Management and Erosion& Sediment Control. The Public Hearing is set to be held on Tuesday, June 18, 2024. Thank you, Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: Ch.234-SPDES Stormwater Management_20240411134114.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Invoice �MEs U Invoice number DECO2879-0006 MEDIA GROUP Date of issue April 11,2024 Date due May 22, 2024 Check payable to: Times Review Media Group Suffolk Times Bill to 7555 Main Road sabrina.born@town.southold.ny.us PO Box 1500 Mattituck, New York 11952 United States +1631-298-3200 Ibazata@timesreview.com $58.57 USD due May 22, 2024 Pay online Confirmation Id:99b2a1b2 Description Qty Unit price Amount Publication date:05/23/2024 1 $33.57 $33.57 QAC Affidavit 1 $25.00 _ $25.00 Subtotal $58.57 Total $58.57 Amount due $58.57 USD DECO2879-0006•$58.57 USD due May 22,2024 Page 1 of 2 Check payable to:Times Review Media Group Click this link for Ad copy: https://gacmainstorage.blob.core.windows.net/notices/NY/The_Suffolk-Times/Suffolk_County/Publicnotice_99b2al b2.pdf Ad Text: LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of April,2024, A Local Law entitled,'A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control."and therefor be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York,on the 18th day of June, 2024 at 4 30 p.m.at which time all interested persons will be given an opportunity to be heard. The purposed Local Law entitled, 'A Local Law in relation to SPDES Stormwater Management and Erosion &Sediment Control" reads as follows LOCAL LAW NO. 2024 I.A new Chapter 234 of the Code of the Town of Southold. The entire proposed Local Law is found on the Town website www.southoldtownny.gov or at the Southold Town Clerk's Office. Dated April 9, 2024 BY ORDER OF THE SOUTHOLD TOWN BOARD Denis Noncarrow Southold Town Clerk ------------- DECO2879-0006 $58.57 USD due May 22,2024 Page 2 of 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suf t�lk County, New York, on the 9 day of April, 2024, A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control." and therefor be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main R t%d, Southold, New York, on the 18 day of June, 2024 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The purposed Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control" reads as follows: LOCAL LAW NO. 2024 I. A new Chapter 234 of the Code of the Town of Southold. The entire proposed Local Law is found on the Town website: www.southoldtownny.gov or at the Southold Town Clerk's Office. Dated: April 9, 2024 BY ORDER OF THE SOUTHOLD TOWN BOARD Denis Noncarrow Southold Town Clerk Born, Sabrina From: Reisenberg, Lloyd Sent: Thursday,April 11, 2024 11:36 AM To: Born, Sabrina Subject: RE: Legal Notice-Ch. 234-SPDES All set Sabrina. Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.gov Iloyd.reisenberg@town.southold.ny.us 0: 631-765-1891 1 M:631-879-1554 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Born,Sabrina <sabrina.born@town.southold.ny.us> Sent:Thursday,April 11, 2024 11:10 AM To: Doherty,Jill <jill.doherty@town.southold.ny.us>; Doroski, Greg<greg.doroski@town.southold.ny.us>; Evans, Louisa <louisae@town.southold.ny.us>;Johnson, Benjamin <benjaminj@southoldtownny.gov>; Krupski,Al <alk@town.southold.ny.us>; Lisa Finn (lisaahfinn@gmail.com) <lisaahfinn@gmail.com>; McGivney,Julie <juliem@southoldtownny.gov>; Mealy, Brian <brian.mealy@town.southold.ny.us>; DeChance, Paul <pauld@southoldtownny.gov>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny.us>; Smith,Anne <anne.smith@town.southold.ny.us>; Squicciarini,James<jacks@southoldtownny.gov>;Standish, Lauren <Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle<michellet@town.southold.ny.us>;Tomaszewski, Zachary<zact@southoldtownny.gov> Cc: Mudd,Jennifer<jennifer.mudd@town.southold.ny.us>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Noncarrow, Denis<denisn@southoldtownny.gov> .Subject: Legal Notice-Ch. 234-SPDES Good Morning, Please see the attached Legal Notice—Ch. 234—SPDES Stormwater Management and Erosion& Sediment Control. Thank you, .54dU- dxVaW Sabrina M. Born 1 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 9ch day of April, 2024, A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control." and therefor be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 181h day of June,2024 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The purposed Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control" reads as follows: LOCAL LAW NO. 2024 I. A new Chapter 234 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control". II. §234-1 Legislative Intent A. Findings. The State of New York, pursuant to the Clean Water Act (33 U.S.C. §1251 et seq.) is authorized to adopt and implement a State Pollutant Discharge Elimination System(SPDES)permit program regulating the discharge of pollutants from new or existing outlets or point sources into the waters of the State. The State enacted Article 17, Title 8, of the Environmental Conservation Law requiring a State Pollution Discharge Elimination System (SPDES)permit prior to the discharge of any pollutants. Under the Federal National Pollutant Discharge Elimination System (NPDES)regulations, as administrated by New York State, municipalities are required to obtain a permit for the discharge of stormwater. The SPDES permit requires that the Town enact a local law that complies with federal and New York State guidelines for stormwater control, which addresses the following findings of fact as determined by the State and accepted by the Town of Southold: 1. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; 2. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species; 3. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; 4. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation; 5. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow; 6. Substantial economic losses can result from these adverse impacts on the waters f I of the municipality; 7. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; 8. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety. 9. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. B. Purpose. The purpose of this local law is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in Section 1 hereof. This local law seeks to meet those purposes by achieving the following objectives: 1. Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-0-24-001 or as amended or revised; 2. Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0- 20-001 or as amended or revised; 3. Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels; 4. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality; 5. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and 6. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. C. Statutory Authority. In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town of Southold has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Southold and for the protection and enhancement of its physical environment._The Town of Southold may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law. D. Applicability. This local law shall be applicable to all land development activities as defined in this local law. 1. The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may (1) review the plans, (2) upon approval by the Town Board of the Town of Southold, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board, or (3) accept the certification of a licensed professional that the plans conform to the requirements of this law. 2. All land development activities subject to review and approval by any duly authorized Board of the Town shall be reviewed subject to the standards contained in this local law 3. All land development activities not subject to review as stated herein at subsection (D)(2) of this paragraph shall be required to submit a Stormwater Pollution Prevention Plan (SWPPP)to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this law. E. Exemptions. The following activities may be exempt from review under this law. 1. Agricultural activity as defined in this local law. 2. Silvicultural activity except that landing areas and log haul roads are subject to this law. 3. 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. 4. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer. 5. Any part of a subdivision if a plat for the subdivision has been approved by the Town of Southold on or before the effective date of this law. 6. Land development activities for which a building permit has been approved on or before the effective date of this law. 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. 10. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family. 11. Landscaping and horticultural activities in connection with an existing structure. §234-2 Definitions The terms used in this local law or in documents prepared or reviewed under this local law shall have the meaning as set forth in this section. Agricultural Activity -the activity of an active farm including grazing and watering livestock, irrigating crops,harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities. Applicant - a property owner or agent of a property owner who has filed an application for a land development activity. Building - any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. Channel- a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Clearing- any activity that removes the vegetative surface cover. Dedication -the deliberate appropriation of property by its owner for general public use. Department -the New York State Department of Environmental Conservation � r Design Manual-the New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices. Developer - a person who undertakes land development activities. Erosion Control Manual -the most recent version of the "New York Standards and Specifications for Erosion and Sediment Control"manual, commonly known as the "Blue Book". Grading- excavation or fill of material, including the resulting conditions thereof. Impervious Cover-those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.). Industrial Stormwater Permit - a State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. Infiltration -the process of percolating stormwater into the subsoil. Jurisdictional Wetland - an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Development Activity- construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. Landowner-the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. Maintenance Agreement- a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. Nonpoint Source Pollution - pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. Phasing- clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. Pollutant of Concern - sediment or a water quality measurement that addresses sediment(such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. Project- land development activity Recharge - the replenishment of underground water reserves. Sediment Control-measures that prevent eroded sediment from leaving the site. Sensitive Areas - cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species. SPDES General Permit for Construction Activities GP-0-20-001 -A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP-0-24-001 -A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards Stabilization -the use of practices that prevent exposed soil from eroding. Stop Work Order - an order issued which requires that all construction activity on a site be stopped. t a Stormwater -rainwater, surface runoff, snowmelt and drainage Stormwater Hotspot- a land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies. Stormwater Management- the use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. Stormwater Management Facility - one or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. Stormwater Management Officer- an employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices Stormwater Management Practices (SMPs) - measures, either structural or nonstructural,that are determined to be the most effective,practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Stormwater Pollution Prevention Plan (SWPPP) - a plan for controlling stormwater runoff and pollutants from a site during and after construction activities. Stormwater Runoff- flow on the surface of the ground, resulting from precipitation Surface Waters of the State of New York- lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. Watercourse - a permanent or intermittent stream or other body of water, either natural or man- made, which gathers or carries surface water. Waterway - a channel that directs surface runoff to a watercourse or to the public storm drain. §234-3 Stormwater Pollution Prevention Plans A. Stormwater Pollution Prevention Plan Requirement No application for approval of a land development activity shall be reviewed until the appropriate board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this local law. Each application for approval of a land development activity shall be accompanied by a filing fee. B. Contents of Stormwater Pollution Prevention Plans All SWPPPs shall provide the following background information and erosion and sediment controls: 1. Background information about the scope of the project, including location, type and size of project. 2. Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent offsite surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s); 3. Description of the soil(s) present at the site; 4. Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five (5) acres shall be disturbed at any one time unless pursuant to an approved SWPPP. 5. Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff; 6. Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill -prevention and response; 7. Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out; 8. A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice; 9. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins; 10. Temporary practices that will be converted to permanent control measures; 11. Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place; 12. Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice; 13. Name(s) of the receiving water(s); 14. Delineation of SWPPP implementation responsibilities for each part of the site; 15. Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and 16. Any existing data that describes the stormwater runoff at the site. C. Land development activities as defined in §234(1) herein and meeting Condition"1", 442" or"3" below shall also include water quantity and water quality controls (post- construction stormwater runoff controls) as set forth in subsection"D" below as applicable: Condition 1 - Stormwater runoff from land development 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. Condition 2 - Stormwater runoff from land development activities disturbing five (5) or more acres. Condition 3 - Stormwater runoff from land development activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties. D. SWPPP Requirements for Conditions 1, 2 and 3: 1. All information in §234-3(B) of this local law 2. Description of each post-construction stormwater management practice; 3. Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice; 4. Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms 5. Comparison of post-development stormwater runoff conditions with pre- development conditions 6. Dimensions, material specifications and installation details for each post- construction stormwater management practice; 7. Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice. 8. Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property. 9. Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §234- 7 of this local law. 10. For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this local law. §234-4 Other Environmental Permits The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. §234-5 Contractor Certification 1. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." 2. The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. 3. The certification statement(s) shall become part of the SWPPP for the land development activity. 4. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization. §234-6 Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control All land development activities shall be subject to the following performance and design criteria: A. Technical Standards For the purpose of this local law,the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed t and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law: 1. The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual) 2. New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual). B. Equivalence to Technical Standards Where stormwater management practices are not in accordance with technical standards,the applicant or developer must demonstrate equivalence to the technical standards set forth herein at subsection (A) above and the SWPPP shall be prepared by a licensed professional. C. Water Quality Standards Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York. §234-7 Maintenance, Inspection and Repair of Stormwater Facilities A. Maintenance and Inspection During Construction 1. The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50)percent. 2. For land development activities as defined herein and meeting Condition 1, 2 or 3 in 234(3)(C), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book. B. Maintenance Easement(s) Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Southold to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Southold. C. Maintenance after Construction The owner or operator of permanent stormwater management practices installed in accordance with this law shall ensure they are operated and maintained to achieve the goals of this law. Proper operation and maintenance also includes, as a minimum,the following: 1. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by s the owner or operator to achieve the goals of this law. 2. Written procedures for operation and maintenance and training new maintenance personnel. 3. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §234-6(C). D. Maintenance Agreements The Town of Southold shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Suffolk County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this local law entitled Sample Stormwater Control Facility Maintenance Agreement. The Town of Southold, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility,provided such facility meets all the requirements of this local law and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. §234-8 Administration and Enforcement Section 1 -Inspections A. Erosion and Sediment Control Inspection The Town of Southold Stormwater Management Officer shall require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan(SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Southold enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer: 1. Start of construction 2. Installation of sediment and erosion control measures 3. Completion of site clearing 4. Completion of rough grading 5. Completion of final grading 6. Close of the construction season 7. Completion of final landscaping 8. Successful establishment of landscaping in public areas. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. B. Stormwater Management Practice Inspections The Town of Southold 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 professional engineer. C. Inspection of Stormwater Facilities After Project Completion Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical J - L sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. D. Submission of Reports The Town of Southold Stormwater Management Officer shall require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law. E. Right-of-Entry for Inspection When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town of Southold the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this Section at paragraph"C". Section 2. Performance Guarantee A. Construction Completion Guarantee In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Southold in its approval of the Stormwater Pollution Prevention Plan,the Town of Southold shall require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Southold as the beneficiary. The security shall be in an amount to be determined by the Town of Southold based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Southold,provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one (1) year inspection has been conducted and the facilities have been found to be acceptable to the Town of Southold. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance Guarantee Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, shall be required to provide the Town of Southold with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Southold may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. C. Recordkeeping All entities subject to this law shall maintain records demonstrating compliance with this law. Section 3. Enforcement and Penalties A. Notice of Violation. When the Town of Southold determines that a land development activity is not being carried out in accordance with the requirements of this local law, it may issue a written notice of violation to the landowner. The notice of violation shall contain: 1. the name and address of the landowner, developer or applicant; 2. the address when available or a description of the building, structure or land upon which the violation is occurring; 3. a statement specifying the nature of the violation; 4. a description of the remedial measures necessary to bring the land development activity into compliance with this local law and a time schedule for the completion of such remedial action; 5. a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 6. a statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen(15) days of service of notice of violation. B. Stop Work Orders The Town of Southold may issue a stop work order for violations of this law. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the Town of Southold confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law. C. Violations Any land development activity that is commenced or is conducted contrary to this local law, may be restrained by injunction or otherwise abated in a manner provided by law. D. Penalties In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than Seven Thousand Five Hundred ($7,500) dollars nor more than Ten Thousand dollars ($10,000) or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than Fifteen Thousand($15,000) dollars nor more than Twenty Thousand($20,000) dollars or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. E. Withholding of Certificate of Occupancy If any building or land development activity is installed or conducted in violation of this local law the Stormwater Management Officer may prevent the occupancy of said building or land. F. Restoration of lands Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice,the Town of Southold may J. 4 take necessary corrective action,the cost of which shall become a lien upon the property until paid. §234-9 Fees for Services The Town of Southold may require any person undertaking land development activities regulated by this law to pay a fee for review of SWPPPs, inspections, and SMP maintenance performed by the Town of Southold or performed by a third party for the Town of Southold, at a rate to be determined by Town Board resolution. §234-10 Severability and Effective Date III. Severability If the provisions of any article, section, subsection, paragraph, subdivision or clause of this local law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this local law. IV. Effective Date This local law shall be in full force and effect immediately upon its final adoption and filing with the Secretary of State. All prior laws and parts of law in conflict with this law are hereby repealed. Schedule A Stormwater Management Practices Acceptable for Water Quality (From:New York State Stormwater Management Design Manual, Table 5.1) Group Practice Description Micropool Extended Pond that treats the majority of the water quality volume Pond Detention Pond (P-1) through extended detention, and incorporates a micropool at the outlet of the pond to prevent sediment resuspension. Wet Pond (P-2) Pond that provides storage for the entire water quality volume in the permanent pool. Wet Extended Detention Pond that treats a portion of the water quality volume by Pond (P-3) detaining storm flows above a permanent pool for a specified minimum detention time. Multiple Pond System (P- A group of ponds that collectively treat the water quality 4) volume. Pocket Pond (P-5) A stormwater wetland design adapted for the treatment of runoff from small drainage areas that has little or no baseflow available to maintain water elevations and relies on groundwater to maintain a permanent pool. Shallow Wetland (W-1) A wetland that provides water quality treatment entirely in a shallow marsh. Extended Detention A wetland system that provides some fraction of the water Wetland (W-2) quality volume by detaining storm flows above the marsh surface. Pond/Wetland System A wetland system that provides a portion of the water quality (W-3) volume in Wetland the permanent pool of a wet pond that precedes the marsh for a specified minimum detention time. Pocket Wetland (W-4) A shallow wetland design adapted for the treatment of runoff from small drainage areas that has variable water levels and relies on groundwater for its permanent pool. Infiltration Trench (I-1) An infiltration practice that stores the water quality volume in the void spaces of a gravel trench before it is infiltrated into the ground. Infiltration Basin (I-2) An infiltration practice that stores the water quality volume in a shallow Infiltration depression before it is infiltrated into the ground. Dry Well (I-3) An infiltration practice similar in design to the infiltration trench, and best suited for treatment of rooftop runoff. Surface Sand Filter (F-1) A filtering practice that treats stormwater by settling out larger Filtering particles in a sediment chamber, and then filtering stormwater Practices through a sand matrix. Underground Sand Filter A filtering practice that treats stormwater as it flows through (F- 2) underground settling and filtering chambers. Perimeter Sand Filter (F- A filter that incorporates a sediment chamber and filter bed as 3) parallel vaults adjacent to a parking lot. Organic Filter (F-4) A filtering practice that uses an organic medium such as compost in the filter in place of sand. Bioretention (F-5) A shallow depression that treats stormwater as it flows through a soil matrix, and is returned to the storm drain system. Dry Swale (0-1) An open drainage channel or depression explicitly designed to detain and Open promote the filtration of stormwater runoff into the soil media. Channels Wet Swale (0-2) An open drainage channel or depression designed to retain water or intercept groundwater for water quality treatment. Schedule B SAMPLE STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT Whereas, the Town of Southold (Town) and the ("facility owner") want to enter into an agreement to provide for the long-term maintenance and continuation of stormwater control measures approved by the Town for the below named project, and Whereas, the Town and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore,the Town and the facility owner agree as follows: 1. This agreement binds the Town and the facility owner, its successors and assigns, to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. 2. The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to,the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices and retention ponds. 3. The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. 4. The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five (5)year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Town within 30 days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater control measures. 5. The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Town. 6. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Town or in accordance with the recommendations of the inspecting engineer. 7. The facility owner shall provide to the Town within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of(a Bond, letter of credit or escrow account). 8. This agreement shall be recorded in the Office of the County Clerk, County of Suffolk together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to 9. If ever the Town determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Town or by the inspecting engineer, the Town is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property. 10. This agreement is effective Dated: April 9, 2024 BY ORDER OF THE SOUTHOLD TOWN BOARD Denis Noncarrow Southold Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Nonearrow, Town Clerk of the Town of Southold,New York being duly sworn, says that on the I11h day of April, 2024, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town Website: www.southoldtownngov P.H.—6/18/24—Ch. 234 SPDES Stormwater Management and osion & Sediment Control enis Noncarrow Southold Town Clerk Sworn to before me on the 1 lth day of April, 2024 Notary Public SABRINA M BORN Notary Public,State of New York No.01B06317038,Suffolk Cour}�y, Commission Expires Dec.22,20 - r Southold Town Board - Letter Board Meeting of April 9, 2024 gUFFO(, RESOLUTION 2024-329 Item# 5.20 ADOPTED DOC ID: 20141 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-329 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 9th day of April, 2024, A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control." and therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 18' day of June,2024 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The purposed Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control' reads as follows: LOCAL LAW NO. 2024 I. A new Chapter 234 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control". II. §234-1 Legislative Intent A. Findings. The State of New York, pursuant to the Clean Water Act(33 U.S.C. §1251 et seq.) is authorized to adopt and implement a State Pollutant Discharge Elimination System (SPDES)permit program regulating the discharge of pollutants from new or existing outlets or point sources into the waters of the State. The State enacted Article 17, Title 8, of the Environmental Conservation Law requiring a State Pollution Discharge Elimination System (SPDES)permit prior to the discharge of any pollutants. Under the Federal National Pollutant Discharge Elimination System (NPDES) regulations, as administrated by New York State, municipalities are required to obtain a permit for the discharge of stormwater. The SPDES permit requires that the Town enact a local law that complies with federal and New York State guidelines for stormwater control, which addresses the following findings of fact as determined by the State and accepted by the Town of Southold: 1. Land development activities and associated increases in site impervious cover Generated April 10, 2024 Page 39 i . Southold Town Board - Letter Board Meeting of April 9, 2024 often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; 2. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species; 3. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; 4. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation; 5. Impervious surfaces allow less water to percolate into the soil,thereby decreasing groundwater recharge and stream baseflow; 6. Substantial economic losses can result from these adverse impacts on the waters of the municipality; 7. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; 8. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety. 9. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. B. Purpose. The purpose of this local law is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in Section 1 hereof. This local law seeks to meet those purposes by achieving the following obj ectives: 1. Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-0-24-001 or as amended or revised; 2. Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge . Elimination System (SPDES) General Permit for Construction Activities GP-0- 20-001 or as amended or revised; 3. Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels; 4. Minimize increases in pollution caused by stormwater runoff from land Generated April 10, 2024 Page 40 Southold Town Board- Letter Board Meeting of April 9, 2024 development activities which would otherwise degrade local water quality; 5. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and 6. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. C. Statutory Authority. In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town of Southold has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Southold and for the protection and enhancement of its physical environment._The Town of Southold may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law. D. Applicability. This local law shall be applicable to all land development activities as defined in this local law. 1. The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may (1) review the plans, (2) upon approval by the Town Board of the Town of Southold, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board, or (3) accept the certification of a licensed professional that the plans conform to the requirements of this law. 2. All land development activities subject to review and approval by any duly authorized Board of the Town shall be reviewed subject to the standards contained in this local law 3. All land development activities not subject to review as stated herein at subsection (D)(2) of this paragraph shall be required to submit a Stormwater Pollution Prevention Plan (S WPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this law. E. Exemptions. The following activities may be exempt from review under this law. 1. Agricultural activity as defined in this local law. 2. Silvicultural activity except that landing areas and log haul roads are subject to this law. 3. 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. 4. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer. 5. Any part of a subdivision if a plat for the subdivision has been approved by the Town of Southold on or before the effective date of this law. Generated April 10, 2024 Page 41 Southold Town Board- Letter Board Meeting of April 9, 2024 6. Land development activities for which a building permit has been approved on or before the effective date of this law. 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. 10. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family. 11. Landscaping and horticultural activities in connection with an existing structure. §234-2 Definitions The terms used in this local law or in documents prepared or reviewed under this local law shall have the meaning as set forth in this section. Agricultural Activity - the activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities. Applicant - a property owner or agent of a property owner who has filed an application for a land development activity. Building- any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. Channel- a natural'or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Clearing- any activity that removes the vegetative surface cover. Dedication -the deliberate appropriation of property by its owner for general public use. Department -the New York State Department of Environmental Conservation Design Manual -the New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices. Developer - a person who undertakes land development activities. Erosion Control Manual -the most recent version of the"New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the"Blue Book". Grading- excavation or fill of material, including the resulting conditions thereof. Impervious Cover -those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops,pavement, sidewalks, driveways, etc). Industrial Stormwater Permit- a State Pollutant Discharge Elimination System permit issued' to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. Infiltration -the process of percolating stormwater into the subsoil. Generated April 10, 2024 Page 42 Southold Town Board - Letter Board Meeting of April 9, 2024 Jurisdictional Wetland - an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Development Activity - construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. Landowner -the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. Maintenance Agreement - a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. Nonpoint Source Pollution-pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. Phasing - clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. Pollutant of Concern - sediment or a water quality measurement that addresses sediment(such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. Project- land development activity Recharge -the replenishment of underground water reserves. Sediment Control -measures that prevent eroded sediment from leaving the site. Sensitive Areas - cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species. SPDES General Permit for Construction Activities GP-0-20-001 - A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP-0-24-001 - A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards Stabilization - the use of practices that prevent exposed soil from eroding. Stop Work Order - an order issued which req ires that all construction activity on a site be stopped. Stormwater-rainwater, surface runoff, snowm elt and drainage Stormwater Hotspot- a land use or activity that generates higher concentrations of hydrocarbons,trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies. Stormwater Management- the use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adver e impacts on property, natural resources and the environment. Stormwater Management Facility - one or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. Generated April 10, 2024 Page 43 3 Southold Town Board- Letter Board Meeting of April 9, 2024 Stormwater Management Officer - an emplo ee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices Stormwater Management Practices (SMPs) -measures, either structural or nonstructural, that are determined to be the most effective,practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Stormwater Pollution Prevention Plan (SWPPP) - a plan for controlling stormwater runoff and pollutants from a site during and after construction activities. Stormwater Runoff- flow on the surface of the ground, resulting from precipitation Surface Waters of the State of New York- lakes, bays, sounds,ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt,public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state: Watercourse- a permanent or intermittent stream or other body of water, either natural or man- made, which gathers or carries surface water. Waterway - a channel that directs surface runoff to a watercourse or to the public storm drain. §234-3 Stormwater Pollution Prevention Plans A. Stormwater Pollution Prevention Plan Requirement No application for approval of a land development activity shall be reviewed until the appropriate board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this local law. Each application for approval of a land development activity shall be accompanied by a filing fee. B. Contents of Stormwater Pollution Prevention Plans All SWPPPs shall provide the following background information and erosion and sediment controls: 1. Background information about the scope of the project, including location,type and size of project. 2. Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent offsite surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s); 3. Description of the soil(s)present at the site; Generated April 10, 2024 Page 44 Southold Town Board - Letter Board Meeting of April 9, 2024 4. Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five (5) acres shall be disturbed at any one time unless pursuant to an approved SWPPP. 5. Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff, 6. Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce,pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill -prevention and response; 7. Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out; 8. A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice; 9. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins; 10. Temporary practices that will be converted to permanent control measures; 11. Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place; 12. Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice; 13. Name(s) of the receiving water(s); 14. Delineation of SWPPP implementation responsibilities for each part of the site; 15. Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and 16. Any existing data that describes the stormwater runoff at the site. C. Land development activities as defined in §234(1) herein and meeting Condition"1", 442" or"3"below shall also include water quantity and water quality controls (post- construction stormwater runoff controls) as set forth in subsection"D"below as applicable: Condition 1 - Stormwater runoff from land development 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. Condition 2 - Stormwater runoff from land development activities disturbing five (5) or more acres. Condition 3 - Stormwater runoff from land development activity disturbing between one Generated April 10, 2024 Page 45 . Southold Town Board- Letter Board Meeting of April 9, 2024 (1) and five (5) acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties. D. SWPPP Requirements for Conditions 1, 2 and 3: 1. All information in §234-3(B) of this local law 2. Description of each post-construction stormwater management practice; 3. Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice; 4. Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms 5. Comparison of post-development stormwater runoff conditions with pre- development conditions 6. Dimensions, material specifications and installation details for each post- construction stormwater management practice; 7. Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice. 8. Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property. 9. Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §234- 7 of this local law. 10. For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this local law. §234-4 Other Environmental Permits The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. §234-5 Contractor Certification 1. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity : "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." 2. The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. 3. The certification statement(s) shall become part of the SWPPP for the land development activity. Generated April 10, 2024 Page 46 Southold Town Board - Letter Board Meeting of April 9, 2024 4. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization. §234-6 Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control All land development activities shall be subject to the following performance and design criteria: A. Technical Standards For the purpose of this local law, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law: 1. The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual) 2. New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual). B. Equivalence to Technical Standards Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth herein at subsection (A) above and the SWPPP shall be prepared by a licensed professional. C. Water Quality Standards Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York. §234-7 Maintenance,Inspection and Repair of Stormwater Facilities A. Maintenance and Inspection During Construction 1. The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent. 2. For land development activities as defined herein and meeting Condition 1, 2 or 3 in 234(3)(C), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log Generated April 10, 2024 Page 47 Southold Town Board- Letter Board Meeting of April 9, 2024 book. B. Maintenance Easement(s) Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Southold to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Southold. C. Maintenance after Construction The owner or operator of permanent stormwater management practices installed in accordance with this law shall ensure they are operated and maintained to achieve the goals of this law. Proper operation and maintenance also includes, as a minimum,the following: 1. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this law. 2. Written procedures for operation and maintenance and training new maintenance personnel. 3. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §234-6(C). D. Maintenance Agreements The Town of Southold shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Suffolk County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this local law entitled Sample Stormwater Control Facility Maintenance Agreement. The Town of Southold, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this local law and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. §234-8 Administration and Enforcement Section 1 -Inspections A. Erosion and Sediment Control Inspection The Town of Southold Stormwater Management Officer shall require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan(SWPPP) as approved. To obtain inspections, Generated April 10, 2024 Page 48 F Southold Town Board - Letter Board Meeting of April 9, 2024 the applicant shall notify the Town of Southold enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer: 1. Start of construction 2. Installation of sediment and erosion control measures 3. Completion of site clearing 4. Completion of rough grading 5. Completion of final grading 6. Close of the construction season 7. Completion of final landscaping 8. Successful establishment of landscaping in public areas. If any violations are found,the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. B. Stormwater Management Practice Inspections The Town of Southold 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 professional engineer. C. Inspection of Stormwater Facilities After Project Completion Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. D. Submission of Reports The Town of Southold Stormwater Management Officer shall require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law. E. Right-of-Entry for Inspection When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town of Southold the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this Section at paragraph"C". Generated April 10, 2024 Page 49 8 Southold Town Board- Letter Board Meeting of April 9, 2024 Section 2. Performance Guarantee A. Construction Completion Guarantee In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Southold in its approval of the Stormwater Pollution Prevention Plan, the Town of Southold shall require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Southold as the beneficiary. The security shall be in an amount to be determined by the Town of Southold based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Southold,provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one (1) year inspection has been conducted and the facilities have been found to be acceptable to the Town of Southold. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance Guarantee Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, shall be required to provide the Town of Southold with an irrevocable letter of credit from an approved financial institution or surety-to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Southold may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. C. Recordkeeping All entities subject to this law shall maintain records demonstrating compliance with this law. Section 3. Enforcement and Penalties A. Notice of Violation. When the Town of Southold determines that a land development activity is not being carried out in accordance with the requirements of this local law, it may issue a written notice of violation to the landowner. The notice of violation shall contain: 1. the name and address of the landowner, developer or applicant; 2. the address when available or a description of the building, structure or land upon which the violation is occurring; 3. a statement specifying the nature of the violation; 4. a description of the remedial measures necessary to bring the land development activity into compliance with this local law and a time schedule for the completion of such remedial action; 5. a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; Generated April 10, 2024 Page 50 Southold Town Board- Letter Board Meeting of April 9, 2024 6. a statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) days of service of notice of violation. B. Stop Work Orders The Town of Southold may issue a stop work order for violations of this law. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the Town of Southold confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law. C. Violations Any land development activity that is commenced or is conducted contrary to this local law,may be restrained by injunction or otherwise abated in a manner provided by law. D. Penalties In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than Seven Thousand Five Hundred ($7,500) dollars nor more than Ten Thousand dollars ($10,000) or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than Fifteen Thousand ($15,000) dollars nor more than Twenty Thousand ($20,000) dollars or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. E. Withholding of Certificate of Occupancy If any building or land development activity is installed or conducted in violation of this local law the Stormwater Management Officer may prevent the occupancy of said building or land. F. Restoration of lands Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Southold may take necessary corrective action, the cost of which shall become a lien upon the property until paid. §234-9 Fees for Services Generated April 10, 2024 Page 51 Southold Town Board - Letter Board Meeting of April 9, 2024 The Town of Southold may require any person undertaking land development activities regulated by this law to pay a fee for review of SWPPPs, inspections, and SMP maintenance performed by the Town of Southold or performed by a third party for the Town of Southold, at a rate to be determined by Town Board resolution. §234-10 Severability and Effective Date III. Severability If the provisions of any article, section, subsection,paragraph, subdivision or clause of this local law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this local law. IV. Effective Date This local law shall be in full force and effect immediately upon its final adoption and filing with the Secretary of State. All prior laws and parts of law in conflict with this law are hereby repealed. Schedule A Stormwater Management Practices Acceptable for Water Quality (From:New York State Stormwater Management Design Manual, Table 5.1) Group Practice Description Micropool Extended Pond that treats the majority of the water quality volume Pond Detention Pond (P-1) through extended detention, and incorporates a micropool at the outlet of the pond to prevent sediment resuspension. Wet Pond (P-2) Pond that provides storage for the entire water quality volume in the permanent pool. Wet Extended Detention Pond that treats a portion of the water quality volume by Pond (P-3) detaining storm flows above a permanent pool for a specified minimum detention time. Multiple Pond System (P- A group of ponds that collectively treat the water quality 4) volume. Pocket Pond (P-5) A stormwater wetland design adapted for the treatment of runoff from small drainage areas that has little or no baseflow available to maintain water elevations and relies on groundwater to maintain a permanent pool. Shallow Wetland (W-1) A wetland that provides water quality treatment entirely in a shallow marsh. Extended Detention A wetland system that provides some fraction of the water Wetland (W-2) quality volume by detaining storm flows above the marsh Generated April 10, 2024 Page 52 Southold Town Board- Letter Board Meeting of April 9, 2024 surface. Pond/Wetland System A wetland system that provides a portion of the water quality (W-3) volume in Wetland the permanent pool of a wet pond that precedes the marsh for a specified minimum detention time. Pocket Wetland (W-4) A shallow wetland design adapted for the treatment of runoff from small drainage areas that has variable water levels and relies on groundwater for its permanent pool. Infiltration Trench (I-1) An infiltration practice that stores the water quality volume in the void spaces of a gravel trench before it is infiltrated into the ground. Infiltration Basin (I-2) An infiltration practice that stores the water quality volume in a shallow Infiltration depression before it is infiltrated into the ground. Dry Well (I-3) An infiltration practice similar in design to the infiltration trench, and best suited for treatment of rooftop runoff. Surface Sand Filter (F-1) A filtering practice that treats stormwater by settling out larger Filtering particles in a sediment chamber, and then filtering stormwater Practices through a sand matrix. Underground Sand Filter A filtering practice that treats stormwater as it flows through (F- 2) underground settling and filtering chambers. Perimeter Sand Filter (F- A filter that incorporates a sediment chamber and filter bed as 3) parallel vaults adjacent to a parking lot. Organic Filter (F-4) A filtering practice that uses an organic medium such as compost in the filter in place of sand. Bioretention (F-5) A shallow depression that treats stormwater as it flows through a soil matrix, and is returned to the storm drain system. Dry Swale (0-1) An open drainage channel or depression explicitly designed to detain and Open promote the filtration of stormwater runoff into the soil media. Channels Wet Swale (0-2) An open drainage channel or depression designed to retain water or intercept groundwater for water quality treatment. Schedule B SAMPLE STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT Whereas,the Town of Southold (Town) and the ("facility owner") want to enter into an agreement to provide for the long-term maintenance and continuation of stormwater control measures approved by the Town for the below named project, and Generated April 10, 2024 Page 53 Southold Town Board - Letter Board Meeting of April 9, 2024 Whereas, the Town and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Town and the facility owner agree as follows: 1. This agreement binds the Town and the facility owner, its successors and assigns, to the maintenance,provisions depicted in the approved project plans which are attached as Schedule A of this agreement. 2. The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices and retention ponds. 3. The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. 4. The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five (5) year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Town within 30 days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater control measures. 5. The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Town. 6. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Town or in accordance with the recommendations of the inspecting engineer. 7. The facility owner shall provide to the Town within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of(a Bond, letter of credit or escrow account). 8. This agreement shall be recorded in the Office of the County Clerk, County of Suffolk together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to 9. If ever the Town determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Town or by the inspecting engineer, the Generated April 10, 2024 Page 54 Southold Town Board - Letter Board Meeting of April 9, 2024 Town is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property. 10. This agreement is effective Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Anne H. Smith, Councilwoman SECONDER:Brian O. Mealy, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Generated April 10, 2024 Page 55