HomeMy WebLinkAboutLL #11 2024 STATE OF NEW YORK
DEPARTMENT OF STATE
KATHY HOCHUL
ONE. COMIdERCE PLAZA
GOVERNOR
99 WASHINGTON AVENUE
ALBANY,NY 12231-0001 WALTER T. MOSLEY
HTTPS:HDOS.NY.GOV SECRETARY OF STATE
REVF-OVED
July 1, 2024
JUL - 5 2024
Denis Noncarrow Southold Town Clerk
Town Hall, 53095 Main Road
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.gov.
Sincerely,
State Records .and Law Bureau
(518) 473-2492
o K Department
STATE of State
DENIS NONCARROW �� _a �� Town Hall,53095 Main Road
TOWN CLERK ® ' , kln P.O. Box 1179
< k Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ®$ �® Telephone oldtownny.go0
FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 21, 2024
EI 011 987 718 US
F
Priority Mail Express
RE: Local Law No 99, 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 DEPARTMENT 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
R1 Town of SOUTHOLD
❑ Village
Local Law No. 11 of the year 2024 .
A Local Law entitled, A Local Law in relation to an Amendment to Chapter 236, Stormwater Management
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
I PURPOSE
To amend Chapter 236
II. AMENDMENT
§ 236-1 Title.
This chapter shall be known as the "Stormwater Management; Erosion and Sediment Control-Law."
§ 236-2 Statutory authorization/and conflicts with other laws.
A. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home
Rule Law to promote the public health, safety and general welfare of Town citizens
through land use regulations intended to control flooding, erosion or sedimentation within
the entire Town.
B. Conflict with other laws. In their interpretation and application,the provisions of this
chapter shall be minimum requirements adopted for the promotion of the public health,
safety and welfare. Whenever the requirements of this chapter are at variance with the
requirements;of related laws, the most restrictive or that imposing the highest standards shall govern.
§ 236-3 Purpose.
It is the purpose of this chapter to promote and protect,to the maximum extent practicable,the public health,
safety and general welfare by establishing minimum stormwater management requirements and controls. The
objectives of this chapter are as follows:
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239-f-I(Rev.04/14)
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y A. Minimizing soil erosion, sedimentation and stormwater runoff,
B. Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream
channels and natural protective features, including, but not limited to, wetlands, bluffs, dunes,beaches,
natural protective features, which contribute to the accommodation of floodwaters and retention of
sediment;
C. Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to
stormwater runoff and/or which result in discharge onto public lands, neighboring properties or natural
protective features;
D. Assuring that land and water uses in the Town are designed and/or conducted using best management
practices to control flooding, stormwater runoff and minimize stormwater runoff from discharging onto
public lands,neighboring properties or natural protective features;
E. Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply
and minimize saltwater intrusion.
§ 236-4 Definitions.
Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have the meanings
as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's
Third New International Dictionary of the English Language, unabridged (or latest edition).
AGRICULTURAL PRODUCTION - The production for commercial purposes of crops, livestock and livestock
products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or
livestock products. Land used in agricultural production shall also include fences, equipment storage buildings,
livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all plants and
animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals
and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses,ponies,
mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such
animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables;
floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management
program.
BEST MANAGEMENT PRACTICES (BMPs) - Schedule of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce stormwater runoff, retain valuable topsoil and minimize water
pollution.
BUILDING - A structure wholly or partially enclosed within exterior walls, or within exterior and party walls,
and a roof, affording shelter to persons, animals or property.
BUILDING INSPECTOR-The persons(s) appointed by the Town Board to enforce the provisions of Southold
Code Chapter 280 and this chapter.
CLEAN FILL -Naturally deposited earthen material from an approved upland borrow source.
CLEARING - Cutting down, felling,thinning, logging or removing, killing, destroying, poisoning, ringbarking,
uprooting, grubbing or burning vegetation, severing, topping or lopping branches, limbs, stems or trunks or
substantially damaging or injuring in other ways that would cause or contribute to the death or affect the
survivability and growth of vegetation. This definition also includes removal of dead and dying vegetation.
COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES - The initial disturbance of soils
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associated with clearing,.grading or excavation activities, or other construction-related activities that disturb or
expose soils, such as demolition, stockpiling of fill material, and the initial installation of erosion and sediment
control practices as required by the approved Stormwater Management Control Plan.
CONSTRUCTION - The siting, building, erection, extension, or material alteration of any structure, the use of
which requires permanent or temporary location on the ground, as well as the installation of any hardened
surfaces at or below grade.
CONSTRUCTION ACTIVITY - Activities involving land disturbance of 5,000 square feet or more, including
disturbances of less than 5,000 square feet that are part of a larger common plan of development that will
ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to
maintain the original line and grade, hydraulic capacity or original purpose of a facility. All construction
activities include but are not limited to clearing and grubbing, grading, excavating and demolition.
DEVELOPER- A person who undertakes land development activities.
DEVELOPMENT-Any man-made change to improved or unimproved real property, including but not limited
to any construction activities, the construction of buildings or other structures, creating access to and circulation
within the site, clearing of vegetation, grading,providing utilities and other services, parking facilities, drainage
systems, methods of sewage disposal and other services, and creating land forms. Development also includes
significant alteration of natural resources in preparation for development, such as the dredging or filling of
wetlands, ponds or other natural drainage areas.
DISCHARGE -To emit, expel,pour, direct or otherwise cause the flow of liquid in a manner other than the
natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it
flowed, if any.
DRAINAGE SYSTEMS - Includes gutters, swales,pipes, conduits and superstructures (e.g., dry wells, sumps,
berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal.
EROSION - The wearing away of land as a result of the action of natural forces or man-related 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."
EXCAVATION - The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling,
cutting, scooping, or hollowing out.
FILLING - The deposition of natural or artificial material so as to modify the surface or subsurface conditions
of upland or underwater land.
FINAL STABILIZATION - That all soil disturbance activities have ceased and a uniform, perennial vegetative
cover with a density of 80% over the entire pervious surface has been established, or other equivalent
stabilization measures, such as permanent landscape mulches, rock riprap or washed/crushed stone have been
applied on all disturbed areas that are not covered by permanent structures, concrete or pavement.
GRADING - The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds,
or watercourses.
ILLICIT DISCHARGE - Includes but is not limited to discharge of solid waste; human and animal waste;
antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in
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excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in
uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household
cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste;
soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage;
roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel
IMPERVIOUS SURFACE - Any surface exposed to stormwater from which water runs off and cannot pass
through, including but not limited to structures,paving, paving blocks, bedding material, packed earth, treated
surfaces, roof structures, patios, decking, stoops, porches, and accessory structures.
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 5,000 square feet
unless determined otherwise by the Department or the Town of Southold, 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.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE -A contiguous area where multiple separate and
distinct construction activities are occurring, or will occur, under one plan. The term "plan" in "larger common
plan of development or sale" is broadly defined as any announcement or piece of documentation (including a
sign,public notice or hearing, marketing plan, advertisement, drawing,permit application, State Environmental
Quality Review Act [SEQRA] application, zoning request, computer design, etc.) or physical demarcation
(including boundary signs, lot stakes, surveyor markings, etc.) indicating that construction activities may occur
on a specific plot.
MUNICIPAL PERMIT -Any permit, grant, approval, license, certificate or other authorization issued by the
Town of Southold, including but not limited to permits for building, grading, demolition, clearing and
excavation and subdivision and site plan approvals.
NATURAL DRAINAGE -The stormwater runoff patterns resulting from topographical and geological surface
conditions, prior to clearing, regrading or construction.
NATURAL PROTECTIVE FEATURE -A nearshore area, beach, bluff, dune or wetland and the vegetation
thereon.
NATURAL WATERCOURSE - The route formed by natural processes, topography and geology leading to a
natural watershed.
NATURAL WATERSHED -An area of land which, in its natural state and prior to any man-made change, and
due to its topography and geology, drains to a particular location within that area.
ONE-HUNDRED-YEAR FLOODPLAIN - The land area subject to the highest level of flooding that, on the
average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year), as
said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the
Southold Town Building Department.
PERVIOUS SURFACE - A pervious surface is one that has the ability to be readily penetrated by stormwater or
other runoff. Pervious pavement mixtures contain little or no fine particles creating a substantial void content
while still maintaining its structure integrity. Aggregate materials typically consist of No. 1 or No. 2 rounded
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V "rocklike" fragments using sufficient approved.cementitious materials, paste or bonding agentsAo permanently
fasten aggregate particles together to create a system of highly permeable, interconnected voids that freely
drain. Typically, between 15% and 25% of interconnected voids are required for consideration as a pervious
pavement. The flow rate of water through pervious surfaces is typically around five gallons per square foot per
minute or higher.
PHASING - Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed
before the clearing of the next.
PREMISES -Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including
adjacent sidewalks and parking strips.
PROJECT - Land development activity.
RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal permits, and any other
person or entity contributing to an act regulated by this chapter.
SEDIMENTATION - The processes that operate at or near the surface of the ground to deposit soils, debris and
other materials either on other ground surfaces or in water channels.
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.
SITE PREPARATION- The activities of stripping, clearing, grubbing, excavating, filling, and grading to
facilitate construction or other use of the land.
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 pollutants of
concern or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT - The use of structural or nonstructural practices that are designed to reduce
stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT CONTROL PLAN - The plan required by the Town to comply with the
provisions of this chapter. For the purposes of this chapter, a stormwater pollution prevention plan, when
required by the Department's regulations, will qualify as a stormwater management control plan.
STORMWATER RUNOFF - That part of stormwater that flows over the land surface.
STRIPPING - The process of mechanically scraping away topsoil.
STRUCTURE - Any object constructed, erected, installed or placed on land or in water, including buildings,
sheds, mobile homes, tanks, bulkheads,piers and docks and any additions or alterations thereto.
TEMPORARY STABILIZATION - That exposed soil has been covered with material(s) as set forth in the
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technical standard,New York.Standards and Specifications for Erosion and Sediment Control, to prevent-the
exposed soil from eroding. The materials can include, but are not limited to, mulch, seed and mulch, and
erosion control mats (e.g.,jute twisted yarn, excelsior wood fiber mats).
TOPSOIL - The uppermost layer of soil, usually the top 15 to 20 centimeters, it having the highest
concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity
occurs.
WATERCOURSE - A permanent or intermittent stream or other body of water, either natural or man-made,
which gathers or carries surface water.
§ 236-65 Applicability and prohibitions.
This chapter shall apply and a Stormwater Management Control Plan shall be a condition to all building
permits issued which include any of the restricted activities identified at § 236-10 herein; and shall govern:
A All grading, drainage and erosion control;
B All new or replaced impervious surface and all land development activities;
C. All discharges directly or indirectly to a highway or public right-of-way, public drainage control
system, neighboring property, wetland or public waterway; and
D. All new and existing land uses within the Town.
§236-6 Discharges
All discharges within the Town are subject to this subtitle unless explicitly exempted. Conduct exempted from
this subtitle include activities necessary for the conduct of
agricultural uses in connection with a bona fide agricultural operation.
§ 236-7 Prohibited Discharges.
The following discharges are prohibited:
A. Discharges to public highways and rights-of- way.
B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features
as defined in Chapter 275 of this Town Code.
C. Discharges from private properties to adjoining properties, without express permission.
D. Discharges to public drainage control systems and networks, without express permission.
E. Discharges of illicit liquids to any of the areas listed above and any other area within the Town, except
in accordance with facilities approved for the handling of such materials by the Town, County and/or
State.
§ 236-8. Requirements for all Stormwater Discharges.
For all stormwater discharges, responsible parties shall implement and maintain operational source controls to
include but not be limited to:
A. Installation of drainage control structures to contain and recharge all run-off generated by development.
B. Maintaining private roads, streets, driveways, parking lots and walkways.
C. Identifying and eliminating unauthorized connections to Town Drainage Control Systems and Public
Right-of-Ways.
D. Maintaining and protecting Natural Drainage patterns.
E. Maintaining and protecting Natural Watersheds.
§ 236-9. Requirements for all Land Disturbing Activities or Impervious Surfaces.
All land disturbing activities or addition or replacement of impervious surfaces shall provide temporary and
permanent construction controls, and shall be required to contain a 2" rain fall on site, even where a Stormwater
Management Control Plan is not required under this Chapter. All applicants for municipal permits shall
demonstrate to the satisfaction of the Building Inspector that the proposed activities can meet this standard,
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either by theanstallation of..gutters, leaders, diywells or other measures, prior to the issuance of such a.
municipal permit.
§ 236-10. Activities Requiring a Stormwater Management Control Plan.
A. None of the following activities shall be undertaken until a Stormwater Management Control Plan has
been approved under the provisions of this local law.
1. Grading or stripping which affects more than five thousand (5,000) square feet of ground
surface.
2. Excavation or filling involving more than two hundred (200) cubic yards of material within any
parcel or any contiguous area.
3. Site preparation on slopes which exceed ten (10) feet of vertical rise to one hundred (100) feet of
horizontal distance.
4. Site preparation within one hundred (100) feet of wetlands, beach, bluff or coastal erosion hazard
area.
5. Site preparation within the one hundred (100)year floodplain of any watercourse.
6. Installation of new or resurfaced impervious surfaces of 1,000 square feet or more, unless prior
approval of a stormwater management control plan was received by the Town and the proposal
includes in-kind replacement of impervious surfaces.
B. The following activities shall be exempted from such review:
1. Minor clearing or excavation work not incident to a substantial change in the existing use of the
land, which may be reasonably expected not to contribute to any additional on-site generated
runoff or degradation of any lands or water beyond the boundaries of the property involved.
2. Emergency repairs on public or private objects, necessary for the preservation of life, health or
property, or taken to implement and accomplish the beneficial purpose of this local law as set
forth herein under such circumstances where it would be impracticable to obtain approval prior
to making such emergency repairs. Following such an emergency situation, however, any
approvals required by this local law shall be obtained.
3. Routine maintenance or repair work on public or private roads or utility line rights-of-way where
interim and permanent stormwater runoff control measures will be undertaken. To the maximum
extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing
stormwater flow from road surfaces.
4. Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge of
groundwater.
§ 236-11. Compliance. Where a Stormwater Management Control Plan is required by this Local Law, all
development, construction, excavation and landscaping activities shall be conducted in accordance with an
approved Stormwater Management Control Plan and all other requirements of this local law.
§ 236-12. Application Process.
A. Any applicant for a municipal permit to conduct a development, construction or excavation activity
within the Town of Southold shall complete a Stormwater Assessment Form to assist in determining
compliance with this local law. Applicants that meet the threshold set forth above shall also submit a
Stormwater Management Control Plan to the Building Inspector.
B. No municipal permit that shall be issued for activities requiring a Stormwater Management Control
Plan, nor shall any application therefor be deemed complete, until the Building Inspector has first issued
its approval of the Stormwater Management Control Plan.
C. Such plan may contain the following elements, which may be integrated into a site plan or subdivision
plat submitted for approval pursuant to applicable Town law:
1. A vicinity map drawn to a scale of not less than two thousand (2,000) feet to one (1) inch
showing the relationship of the site to its general surroundings.
2. A plan of the site drawn to a scale of not less than one hundred (100) feet to the inch showing the
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location and description of property boundaries, site acreage, existing-,natural and man-made
features on and within five hundred (500)'feet of the site boundary, including roads, structures,
water sources, drainage structures, utilities, topography including existing contours with
intervals of not more than five (5) feet where the slope is ten percent or greater and not more
than two (2) feet where the slope is less than ten percent, soil characteristics, location of wooded
areas, the depth to seasonal high watertable and a copy of the Soil Conservation District soil
survey where available.
3. Location and description of proposed changes to the site and existing development on the site,
which includes:
a) all excavation, filling, stripping and grading proposed to be undertaken, identified as to
the depth, volume, and nature of the materials involved;
b) all areas requiring clearing, identified as to the nature of vegetation affected;
c) all areas where topsoil is to be removed and stockpiled and where topsoil is to be
ultimately placed;
d) all temporary and permanent vegetation to be placed on the site, identified as to planting
type, size, and extent;
e) all temporary and permanent stormwater runoff control measures including soil
stabilization techniques and stormwater drainage and storage systems including ponds,
recharge and sediment basins (identified as to the type of facility, the materials from
which it is constructed, its dimensions, and its capacity in cubic feet);
f) the anticipated pattern of surface drainage during periods of peak runoff, upon
completion of site preparation and construction activities, identified as to rate and
direction of flow at all major points within the drainage system;
g) the location of all roads, driveways, sidewalks, structures, utilities, and other
improvements; and
h) the final contours of the site at intervals of no greater than two (2) feet.
4. A schedule of the sequence of installation of planned soil erosion, sedimentation and
stormwater runoff control measures as related to the progress of the project including anticipated
starting and completion dates.
§ 236-13. Performance Standards for Approval of a Stormwater Management Control Plan.
A. The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing
topography, vegetation and other salient natural features of the site. The plan shall indicate that the
development will preserve natural features,,minimize grading and cut and fill operations, ensure
conformity with natural topography, and retain natural vegetation and trees to the maximum extent
practicable in order to create the least erosion potential and handle adequately the volume and rate or
velocity, of surface water runoff.
B. Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for
erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of
neighboring property owners and the general public.
C. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site
preparation and construction. During grading operations, appropriate measures for dust control shall be
undertaken.
D. Areas exposed by site preparation shall be protected during site construction with hay bales, temporary
vegetation and/or mulching to meet the requirements of the approved Stormwater Management Control
Plan in effect.
E. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage
patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns may be altered
in a manner which reduces the threat to such beach or wetland and does not create other flooding or
erosion problems.
F. Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no
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individual building site is stripped of its vegetation cover more than thirty (30) days prior to
commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the
shortest practical period of time during site clearing, construction and restoration.
G. Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable. During the interim,
erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming,
silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated.
H. In no case shall stormwater be diverted to another property either during site preparation or after
development. In appropriate cases, with the approval of the Superintendent of Highways, drainage
control measures may be implemented in the right of way attendant to an adjacent Town highway, at the
applicant's expense.
1. During the construction period, disposal of stormwater runoff generated by development activity shall
be handled on-site. Baling, mulching, debris basins, silt traps, use of fibrous cover materials or similar
measures shall be used to contain soil erosion on the site.
J. All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural
vegetative buffer zone along waterbodies, including wetlands and marshes, if one is imposed by the
Board of Trustees. If necessary, other forms of erosion control measures will also be included.
K Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater
on-site for recharge.
L. Site designs shall minimize impermeable paving.
M. Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater
pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds,
sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow
velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any
filtering devices constructed as part of the drainage system must be adequately maintained in order to
function properly.
N. All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands
either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that would
undermine the stability of the substrate unless permission is obtained from the Board,of Trustees.
Grading equipment shall not be allowed to enter into or cross any watercourse or wetland.
O. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands.
P. The elevation of a wetland shall not be altered.
Q. No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by
grading, erosion, sedimentation, or direct removal of vegetation.
R. Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All
fill shall be compacted at a final angle of repose which provides stability for the material, minimizes
erosion and prevents settlement.
S. Trails and walking paths along waterbodies shall be sited and constructed so they are not a source of
sediment subject to the approval of the Board of Trustees.
T. The amount and velocity of runoff from a site after development shall approximate its predevelopment
characteristics. However, if the site is adjacent to coastal waters, storm water shall be contained on-site,
to the maximum extent practicable,to prevent direct discharge of runoff to coastal waters.
U. Natural flood plains and major drainage swales shall not be altered or disturbed in a manner which
decreases their ability to accommodate and channel stormwater runoff and flood waters. If no
practicable alternative to the location of development, roadway, driveways, and similar surfaces within
these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and
velocity of stormwater entering the channel, floodplain or swale and to approximate the original
functions of the undisturbed condition.
V. No land having a slope equal to or greater than twenty (20)percent shall be developed or disturbed
except for conservation measures or measures intended to remove debris which inhibits the functioning
of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted.
Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of
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stormwater overflow.
W. On lands having slopes of less than twenty (20) percent, but composed of highly erodible soils,
development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can
be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse
impacts to the stability of neighboring properties, the development proposal shall not be approved as
submitted.
X. All permanent (final) vegetation and mechanical erosion control measures called for in approved plans
shall be installed within the time limits specified by the Building Inspector, and no later than the
expiration of the municipal permit issued therewith.
§ 236-14. Appeals
Appeals from the requirements herein may be considered by the Board of Zoning Appeals upon the showing of
an undue hardship.
§ 236-15. Inspection, Restoration, Certificate of Occupancy and Fines.
A. Inspection.
Inspection for soil erosion, sedimentation, and runoff control plan compliance shall be conducted by the
Building Inspector to determine that the work has been completed in accordance with such plan. The
plan may be modified by mutual agreement if, during or after installation, the Building Inspector deems
that the installed measures are not adequate to meet the performance standards or if alternatives would
better meet the Code requirements. If no agreement is reached, the Building Inspector may require the
submission of a modified plan in order to maintain compliance with this local law.
B. Restoration.
Any clearing, excavation or development of land in violation of this local law shall be corrected
forthwith after written notice by the Building Inspector. In the event that corrective action is not taken as
directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the
property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration
shall become a lien upon the property upon which such unlawful activity occurred.
C Certificate of Occupancy.
No certificate of occupancy shall be issued by the Building Inspector until all work required to be
completed pursuant to the plan has been satisfactorily done.
D Fines.
Any responsible party undertaking clearing, excavation or development of land in violation of this local
law, or falsifying information in connection with the requirements of this Local Law, upon conviction,
shall be guilty of a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) and
not more than two thousand dollars ($2,000). Such person shall be deemed guilty of a separate
offense for each day during which a violation of this local law is committed or continues.
E. Enforcement.
The Director of Code Enforcement and/or the Building Inspector are responsible for enforcement of the
provisions of this Chapter, and have the authority to issue violations of this Chapter. The Town
Attorney shall be responsible for prosecution of any such violations. In addition to the above-provided
fines,the Town Board may authorize an action or proceeding in the name of the Town in a court of
competent jurisdiction to compel compliance with or to restrain by injunction the violation of this
Chapter.
III SEVERABILITY.
If any clause, sentence, paragraph, section or part of this Local Law shall be adjudicated by any court of
competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local
Law.
IV EFFECTIVE DATE AND DURATION.
10
This local law shall take effect immediately upon filing with the Secretary of State.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
11
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 11 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)(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 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-1(Rev.04/14)
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
12
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 wZiththnlf,l,ehis office and that the same is a
correct transcript there from and of the whole of such original adopted in the manner indicated
in paragraph 1 above.
Clerbody, City, Town or
(Seal) Vill e Clerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: June 20,2024
DOS-239-f-1(Rev.04/14)
13
J
RESOLUTION 2024-562
ADOPTED DOC ID: 20370
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-562 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 91h day of April, 2024, a Local Law entitled "A Local Law in
relation to an Amendment to Chapter 236, Stormwater Management" 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 will be given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to an Amendment to Chapter 236, Stormwater
Management" which reads as follows:
LOCAL LAW NO. 11 of 2024
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 236,
Stormwater Management"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I PURPOSE
To amend Chapter 236
II. AMENDMENT
§ 236-1 Title.
This chapter shall be known as the "Stormwater Management; Erosion and Sediment Control,
and 11heit Dish -ges Law."
§ 236-2 Statutory authorization/and conflicts with other laws.
A. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home
Rule Law to promote the public health, safety and general welfare of Town citizens
through land use regulations intended to control flooding, erosion or sedimentation within
the entire Town.
B. Conflict with other laws. In their interpretation and application,the provisions of this
chapter shall be minimum requirements adopted for the promotion of the public health,
safety and welfare. Whenever the requirements of this chapter are at variance with the
requirements of the New York State r,o.,.,,.f. ent f Eayi,-epi,,en4a !'conservation SPD
regulations, of
related laws,the most restrictive or that imposing the highest standards shall govern.
Resolution 2024-562 Board Meeting of June 18, 2024
it is hereby determined that:
A. Land development aetivities and asseeiated increases ii+site iffl. ef often altef
v > erosion, or-sediment tr-anspoA and depositien-,t
siltation of aquatie habitat for-fish and other-desirable B. Stofmwater-runoff eontr-ibutes to iner-eased quantities of Water- beffie pollutants, ineluding
aquatie organisms through changes in temper-atur-e and salinit�,;
Q Glear-ing and gr-ading during eonstr-uetion tends to iner-ease soil erosion and add to the loss
of native vegetation neeessai�y for-teffestr-ial and aquatie habitat;
veloeity of stormwater- > bank,
E. impervious sur-faees allow less water-to per-eelate into the soil,!her-eby deer-ea
groundwater-
r-eehar-ge a-ad stream base flow;
F. Substantial economie losses ean result ffom these adverse impacts on the waters of the
minimized through the regulation of stoFmwater-ranoff fr-om land development aefivities-,
H. The regulation of stonnwater-runoff disehar-ges frem land developiment aetivities in order-
to eepArol and minimize ine—se. stoi:mwater-miaeff rates and volumes, soil or-osion and sedimentation-,
stream > shoreline and bluff erosion,
and nenpoint source pollution asseei
with stomwater runoff is in the publie interest and �All minimize tIffeats to publie he
and 4y;
L Re ulation of land development aetivities by means of perfefmanee standards governifig
stofmwater-management and site design will pr-eduee development eompatible with t
natural functions of'., par-tieular site o an .,tire water-shed and!her-ebb ,Y,;tig to the
adverse-o€feets-of erosion sedimentation from devel en#,-and
sub
§ 236-43 Purpose.
It is the purpose of this chapter to promote and protect, to the maximum extent practicable, the
public health, safety and general welfare by i)-establishing minimum stormwater management
requirements and controls.-stefm sewer-system Q,4S4) to the mfflEimum exten4 pfaefieable as required by federal and state
law; and iii) establishing methods for eentrelling the ifAroduetion of pellutanAs into the N4S4 in
order-to eemply with requirements of the New Yefk- SM-Ate.Depaftment of Envir-onmental
Conservation State Pollutant Diiseeh-arge Elimination System (SPDES) goner-a!permit for-N4S4-.
The objectives of this chapter are as follows:
A. Minimizing soil erosion, sedimentation and stormwater runoff;
B. Controlling, restricting or prohibiting activities which alter natural drainage systems,
floodplains, stream channels and natural protective features, including, but not limited to,
wetlands, bluffs, dunes, beaches, natural protective features, which contribute to the
accommodation of floodwaters and retention of sediment;
C. Controlling, restricting or prohibiting land use activities which increase nonpoint source
pollution due to stormwater runoff and/or which result in discharge onto public lands,
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,...Resolution 2024-562 Board Meeting of June 18, 2024
neighboring properties or natural protective features;
D. Assuring that land and water uses in the Town are designed and/or conducted using best
management practices to control flooding, stormwater runoff and minimize stormwater
runoff from discharging onto public lands, neighboring properties or natural protective
features;
E. Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking
water supply and minimize saltwater intrusion.
F. Meet the requirements of minimum eopAr-el measures 4 and 5 of the SPDES general
per+ail for stefmwater-disehafges from munieipal separate stoiqnwater- sewer- systems
(nn 0 10 nm) or as amended o,aH. N4-* A' .*.-eases in steFmwater-r-unoff ffem land development aetivities in order-te
reduce flooding, siltation, temperature flueWations of sur-faee waters of the State of N
York, streambank erosion maintain the integrity str-eam c-hnrme4-.
+;,,:ties whieh would eihei:wise degrade loeal water-., lity-,
j. Minimize the total annual velume of stoFmwater-r-uneff whieh flows ffem an), speeffie
site during and fellowing developmepA to the maximum extent pr-aefieabl_e�,
K. Reduce stofmwa er runoff rates and volurnes, soil er-esien and nonpoint source pellution,
wher-ever-possible, thxeugh stefmwater-management pr-aetiees and te enstire that these
management praetiees are properly maintained and eliminate thfeats to publie safety;
L. To regulate!he eon4r-ibutien of pellutants to the N4S4 sinee sueh systems are not designed
N. To establish legal author-it), to earry out all inspeetion, surveillanee and ffienitefifig
proeoa„ros „ r„to ensure eemplianee with this Charter-; -0. To promote public awareness of the hazards ii+volved in the impr-oper disehar-ge of„a
trash,
yar-d waste, lawn > ,
> hazardous waste,
sediment and other-pollutants ipAe
MS4
§ 236-54Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have
the meanings as herein defined. Any word or term not noted below shall be used with a meaning
as defined in Webster's Third New International Dictionary of the English Language, unabridged
(or latest edition).
AGRICULTURAL PRODUCTION - The production for commercial purposes of crops,
livestock and livestock products, but not land or portions thereof used for processing or retail
merchandising of such crops, livestock or livestock products. Land used in agricultural
production shall also include fences, equipment storage buildings, livestock barns, irrigation
systems and any other structures used exclusively for agricultural purposes.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of
all plants and animals useful to man, including but not limited to forages and sod crops; grains
and seed crops; dairy animals and dairy products; poultry and poultry products; livestock,
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` Resolution 2024-562 BoardMeeting of June 18, 2024
including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids
thereof, including the breeding and grazing of any or all of such animals; bees and apiary
products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral,
ornamental and greenhouse products; or lands devoted to a soil conservation or forestry
management program.
post development peak flow r-ate(s) has increased by more than ALTER HYDROLOGY FROM PRE TO POST DEVELOPMENT CONDITIONS The of the pre develop
condition for-the-design stefm of interest (e.g., ten year-and one hundred yam"'•
APPLICANT The per-son, per-sons er-legal entity whieh evms or,leases the prepeAy on whieh
the eenstruetion aetivity is eeeuffiag and/or-an entity that has operational eentrol ever-the
construetion plans and speeifieations, ineluding the ability to make modifleations to the plans
and spe6ifieatiens.
BEST MANAGEMENT PRACTICES (BMPs) Schedule of activities,prohibitions of
practices, general good housekeeping practices,pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the disc ar-g
systems. BN4Ps also include tr-eatment pr-aetiees, operating preeedur-es, and praetiees to control
site rameff-, spillage or-leaks, sludge or-water-disposal, or-drainage from-raw mater-
sterag stormwater runoff, retain valuable topsoil and minimize water pollution.
BUILDING -A structure wholly or partially enclosed within exterior walls, or within exterior
and parry walls, and a roof, affording shelter to persons, animals or property.
BUILDING INSPECTOR-The persons(s) appointed by the Town Board to enforce the
provisions of Southold Code Chapter 280 and this chapter.
CHANNEL A natural or artificial watereaur-se with a definite bed and banks that eenduet-s
CLEAN FILL -Naturally deposited earthen material from an approved upland borrow source.
CLEAN WATER ACT
The Feder-a! Water-Pollution Control Aet(33 U.S.C. 51 etse-q•` and any subsequ
amendments thereto.
CLEARING
Cutting down, felling, thinning, logging or removing, killing, destroying,poisoning, ringbarking,
uprooting, grubbing or burning vegetation, severing, topping or lopping branches, limbs, stems
or trunks or substantially damaging or injuring in other ways that would cause or contribute to
the death or affect the survivability and growth of vegetation. This definition also includes
removal of dead and dying vegetation.
COMBINED SEWER
A sewer-that is designed to eelleet and e0nyey both "sewage" and " te}inwaten"
COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES
The initial disturbance of soils associated with clearing, grading or excavation activities, or other
construction-related activities that disturb or expose soils, such as demolition, stockpiling of fill
material, and the initial installation of erosion and sediment control practices as required by the
approved Stormwater Management Control Plan required in the SMIPPP.
CONSTRUCTION
The siting, building, erection, extension, or material alteration of any structure, the use of which
requires permanent or temporary location on the ground, as well as the installation of any
hardened surfaces at or below grade.
CONSTRUCTION ACTIVITY
Activities involving land disturbance of 5,000 square feet or more, including disturbances of less
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Resolution 2024-562 Board Meeting of June 18, 2024
than 5,000 square feet that are part of a larger common plan of development that will ultimately
disturb 5,000 or more square feet of land, excluding routine maintenance activity that is
performed to maintain the original line and grade, hydraulic capacity or original purpose of a
facility. All construction activities include but are not limited to clearing and grubbing, grading,
excavating and demolition.
updates,DEDICATION
The deliberate appropriation of property by its evffier-for-gener-al publie use.
DEPARTMENT
DESIGN MANUAL
The New York State'Stormwater Management Design Manual, most meen4 ver-sion ifieludifig
applieation ,
methods and pr-aetiees.
DESIGN PROFESSIONAL
New York State licensed professional engineer-or-lieensed ar-ehiteet.
DEVELOPER
A person who undertakes land development activities.
DEVELOPMENT
Any man-made change to improved or unimproved real property, including but not limited to
any construction activities, the construction of buildings or other structures, creating access to
and circulation within the site, clearing of vegetation, grading,providing utilities and other
services,parking facilities, drainage systems, methods of sewage disposal and other services, and
creating land forms. Development also includes significant alteration of natural resources in
preparation for development, such as the dredging or filling of wetlands,ponds or other natural
drainage areas.
DIRECT-DISCHARGE (TO A SPECIFIC- SURFACE WATER BODY)
That Funeff flows from a construetion site by ever-land flow and the first point of disehar-ge is the
speeifie surfaeo water body, er r-unoff flows from a eensti-detioli s4e tE) a s0para40 stofM sewe
system and the first peipA of discharge fiem the separate stefm sewer-system is the speeifie
DISCHARGE
To emit, expel,pour, direct or otherwise cause the flow of liquid in a manner other than the
natural course of that liquid which existed prior to the disturbance of the natural state of the land
upon which it flowed, if any.
DRAINAGE SYSTEMS
Includes gutters, swales, pipes, conduits and superstructures (e.g., dry wells, sumps, berms, etc.)
for the collection and conduction of stormwater to an adequate facility for its storage and
disposal.
EROSION
The wearing away of land as a result of the action of natural forces or man-related 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."
EROSION, SEDIMENTATION AND STORAIWATER RUNOFF CONTROL PLANT
A dr-a-wing showing the proposed use of the site and the methods, teehniques and impr-10 I_11-H-5
both dur-intg) and after- e that will be empleyed to eentr-el erosion, sedimentation and
stefmwat r-runoff, v4hiieh shal". emplay best management pfactiees. Wher-e the natur-e of the-
existing eenditiens and proposed ae,.* .i ant, the Building inspeet— ._._1 .__1_.Fe that such
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Resolution 2024-562 .Board Meeting of June 18,_2024
plan be pr-epa-Fed by a design professional heensed in the State of New York.
EXCAVATION
The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling,
cutting, scooping, or hollowing out.
FILLING
The deposition of natural or artificial material so as to modify the surface or subsurface
conditions of upland or underwater land.
FINAL STABILIZATION
That all soil disturbance activities have ceased and a uniform, perennial vegetative cover with a
density of 80% over the entire pervious surface has been established, or other equivalent
stabilization measures, such as permanent landscape mulches, rock riprap or washed/crushed
stone have been applied on all disturbed areas that are not covered by permanent structures,
concrete or pavement.
GRADING
The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds,
or watercourses.
HAZARDOUS MATERIALS
Any mater-ial, ineluding any > >
whieh beeause of its
> >
health,signifieantly eentr-ibute to, a substantial present or potential hazard to human safiaty,
property or-!he enviromment when improperly tr-ea4ed, stofed, dispOsed Of-, OF OthO -ed-.
!LLICIT CONNECTIONS
Any drain or eenveyanee, whether-on the suffaee or-subsurface, w-hieh allows an illegral
diseharge ie enter-the MS4, ineluding but not limited to-.
untreated sewage, process wastewater-, and wash water to eRler-the MS4 and any eefifleetion to
the stemi drain system fiom indoor-drains and sinks, r-egafdless of whether- said dr-ainff
eepmeetion had been previously allowed, permitted, or approved by an authorized enforcement
awe;of
plans,
maps, or-equivalent r-eeer-ds and approved by an authorized enfer-eement ageney.
ILLICIT DISCHARGE
Includes but is not limited to discharge of solid waste; human and animal waste; antifreeze, oil,
gasoline, grease and all other automotive products; flammable or explosive materials; metals in
excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally
found in uncontaminated water; solvents and degreasers; painting products; drain cleaners;
commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis;
ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated
swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff, animal
carcasses; food and food waste; yard waste; dirt; sand; and gravel. 11heit disehar-ges include al:*,
pr-ohi tio„s) and/or-as pefmitted by the
IMPERVIOUS SURFACE
Any surface exposed to stormwater from which water runs off and cannot pass through,
including but not limited to structures,paving,paving blocks, bedding material, packed earth,
treated surfaces, roof structures, patios, decking, stoops, porches, and accessory structures.
1NDINLIDUAL SEMIAGE TREATMENT SYSTEM
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r Resolution 2024-562 Board Meeting of June_18, 2024
or-institutional facility, that treats sewage or- other- liquid wastes for-discharge into the
gr-oundwater-s of New Yor-k State, except where a pen:nit for- such a facility is required under the
applicable pr-ovisiens F Article 17 ef the 1~'nyir-.,,,me t.,l !'o fisei:v,tion T
1ND STRI A T ACTIVITY
Activities requiring the SPDES pennit for- discharges from industrial activities except
construction, OP 98 03, as amended or-fevised
A State Pollutant Discharge Elimination System pefmit issued to a eeffiffier-eial ifidustfy of gr-Oup
of industries which regulates!he pollu4ant levels associated with industrial stofffiwater-
d ..h � i fie site pollution control str.,to o «�Pyc o
INFILTRATION
The process of per-ool.,+;r,g ster„-,,,,.,tor inie the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or- saturated by surface water-er-groundwater-at a ffequeney and
dur-ation sufficient to suppoi4 a pr-evalenee of vegetation typically adapted for lif� in satur-ated
.ivu z.vraccrtvrr
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 5,000 square feet unless determined
otherwise by the Department or the Town of Southold, 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.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE
A contiguous area where multiple separate and distinct construction activities are occurring, or
will occur, under one plan. The term "plan" in "larger common plan of development or sale" is
broadly defined as any announcement or piece of documentation (including a sign, public notice
or hearing, marketing plan, advertisement, drawing, permit application, State Environmental
Quality Review Act [SEQRA] application, zoning request, computer design, etc.) or physical
demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating that
construction activities may occur on a specific plot.
MAINTENANCE AGREEMENT
A legally recorded doeumeRl that acts as a pr-opeAy deed r-estrietion and which provides for-long-
MUNICIPAL PERMIT
Any permit, grant, approval, license, certificate or other authorization issued by the Town of
Southold, including but not limited to permits for building, grading, demolition, clearing and
excavation and subdivision and site plan approvals.
MUNICIPAL SEPARATE STORM SEMIER SYSTEM (A484)
A eoftveyanee or-system of conveyances (including r-oads I . — "stems, municipal
streets, catch basins, curbs, > ,
beat ramps o storm .trains andother N4S4 control stems):
A. Owned or operated by Town of Southold, state, village;
1� Designed o used r collecting or eonv �t ,.,t .or
D. f
,
Q 3A'hieh is not a eembined-sewer and
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Resolution 2024-562 Board Meeting of June 18, 2024
D. 3A'hieh is not part of a publiely owned treatment wor4cs (POT-3A'),as defined at 40 CF
12
NATURAL DRAINAGE
The stormwater runoff patterns resulting from topographical and geological surface conditions,
prior to clearing, regrading or construction.
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, bluff, dune or wetland and the vegetation thereon.
NATURAL WATERCOURSE
The route formed by natural processes, topography and geology leading to a natural watershed.
NATURAL WATERSHED
An area of land which, in its natural state and prior to any man-made change, and due to its
topography and geology, drains to a particular location within that area.
NONPOINT SOURCE POLLUTION
Pollution ffem any soufee other-than ffom an), diseemible, eenfined, and discrete eonveyanees
and shall inelude, but net be limited to, pollutants fiefn > ,
eenstr-uetien, subsurface disposal, residential, eommereial and ur-ban runoff sourees,
NONST-ORMWATER DISC-BARGE
ONE-HUNDRED-YEAR FLOODPLAIN
The land area subject to the highest level of flooding that, on the average, is likely to occur once
every 100 years (i.e.,that has a one-percent chance of occurring each year), as said level is
shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the
Southold Town Building Department.
PERVIOUS SURFACE
A pervious surface is one that has the ability to be readily penetrated by stormwater or other
runoff. Pervious pavement mixtures contain little or no fine particles creating a substantial void
content while still maintaining its structure integrity. Aggregate materials typically consist of No.
1 or No. 2 rounded "rocklike" fragments using sufficient approved cementitious materials, paste
or bonding agents to permanently fasten aggregate particles together to create a system of highly
permeable, interconnected voids that freely drain. Typically, between 15% and 25% of
interconnected voids are required for consideration as a pervious pavement. The flow rate of
water through pervious surfaces is typically around five gallons per square foot per minute or
higher.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed
before the clearing of the next.
sewage,POLLUTANT
Dredged spoil, filter baekwash, solid waste, ineiner-ater-r-esidue, treated or-untreated
materials,garbage, sewage sludg_e, munition., Wastes, bielegieal materials, r-adieaetive
heat, wfeeked or-disear-ded equipment, rock, sand and industrial, munieipal, agfieultur-al waste
and ballast disehafged inte water-, whieh may eause or might r-easonably be expeeted to ea-use
pollution f the ato f the state in „t,. „tio of the standards.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sedimei:A (sueh as total suspended
solids, turbidity or- siltation) and any other-pollutant that has been identified as a eau
. I of any water body, sueh as pathogens, phosphorous, hew�y metals or-dissolved-
that will r-eeeive a this,.rge fr-om the land development aetiy t..
PREMISES
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Resolution 2024-562 Board Meeting of June 18, 2024
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including
adjacent sidewalks and parking strips.
PROJECT
Land development activity.
QUALIFIED INSPECTOR
QUALIFIED PROFESSIONAL
A per-son who is knowledgeable in the pr-ineiples and pr-aefiees of stofmwater-managemefll and
treatment, sueh as a lieensed professional engineer-, registered landscape ar-ehiteet or-
Depaftment endorsed individual(s). individuals preparing S3AZ:pPps that require the p
pr-ineiples of hydrology, water-quality management pr-aetiee design, Water- quanlit�z eontr-el
> in many eases,
engineering, the principles of hydr-aulies in order-to prepare an 83A'PPP that
eonforms to the Department's teehnical standard. All eompenents of the S)AIPPP that involve t
pr-aefiee of as defined by the New York State Edueatien Law (see Artiele '
shall
be prepared by, or under-the dir-eet super-vision of-, a professional engineer lieensed to praetice fin
RECHARGE
RESPONSIBLE PARTY
Owners and occupants of premises, applicants for municipal permits, and any other person or
entity contributing to an act regulated by this chapter.
SEDIMENTATION
The processes that operate at or near the surface of the ground to deposit soils, debris and other
materials either on other ground surfaces or in water channels.
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.
SITE PREPARATION
The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate
construction or other use of the land.
STATE POLLUTANT DISCHARGE ELIAHNATION SYSTEM (SPDES) GENERAL
A permit under-the New Yer4E State Pollutai4 Disehar-ge Elimination System(SPDES) issued to
SPECIAL CONDITIONS
A. Discharge eompliance with water quality standards: The condition that applies where the
Tevm of Southold has been notified that the disehar-ge of stei:fnwater-authorized under-its MS4
pefmit may have eaused or-has the r-easenable poiential to eause or-eontr-ibute to the violation of
an applicable water qualit�, standar-d. Under-this cendition, the Town must take all neeessafy
actions to ensure future diseharges do not eause or-eentr-ibute to a vialation of water- quality
standards.
B. Section 303(d) listed waters! The eendition in the i
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Resolution 2024-562 Board Meeting of June 18, 2024
Q Total maximum daily lead (TN4DL) strategy.: The eendition in the Town's MS4 peffflit
pr-egram must ensure— inetease of the listed pollutant of eaneem to t 03(d) histed waten
by the EPA for-a water-bed), or-water-shed into whieh the MS4 discharg .,-
D. The eendition in the Town's MS4 permit that applies if a T-N4DL is approved in the futum
by the EPA fer any water-bed), or-water-shed into whieh an MS4 disehar-ges. Under-t
eondition, the Town must review the appheable TN4DL to see if it ineludes requirements for-
es has been approved
the Tov,%must, within six months of the TN4DL's approval, modify its stofmwater-management
program to ensure that r-eduetion of the pollutant of eoneeffi speeified in the T-N4DL is ehie�ed.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
,STATE POLLUTANT DISC-BARGE ELIAHNATIONSYSTEA4 (SPDES)
The system established pursuai#to Artiele 17 of the ECL and 6 NYGRR Part 750 for-issuance Of
,,:nits authorizing disehar-ges t the. ,.,to„s of the state.
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 pollutants of concern or toxicants
than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and
mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT CONTROL PLAN
The plan required by the Town to comply with the provisions of this chapter. For the purposes of
this chapter, a stormwater pollution prevention plan, when required by the Department's
regulations, will qualify as a stormwater management control plan.
STORA4MIATER MANAGEMENT FACILITY
One or-a series of steFmwater-management practices installed, stabilized and operating for-the
purpose f,., ntr-ells g st,,,.,...,,,,.,ter runoff-.
STfll?1 43AI A TTi D MANAGEMENT OFFICER /CMO4
An empleyee or-offieer-desi,4nated by the Town to accept and review stermwater-m
STORA43AIAT-ER MANAGEMENT PRACTICES (SA4P-s)
Measur-es> > ,
pr-aetieal means of pr-eventing flood damage and pr-eventing or redueing point sour ---p—i
STORMWATER A TT'i R POLLUTION UTION PREVENTION PLAN N (SMIPPP)
A plan for-een4r-olling sterffiwater ndnoff and pollutants from a site during and after eenstr-uetie
uczrvzrrc
.tiyitie
T
STORMWATER RUNOFF
That part of stormwater that flows over the land surface.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS CP 0 10 002
A permif under the New York State Pollutant Disehar-ge Elimination System (SPDES) issued to
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Resolution 2024-562 Board Meeting of June 18, 2024
munieipalities to regulate discharges from municipal sepafate stefm sewers for- eomplianee with
eney (EPA) established water-quality standafds
and/or-to s eif, st.,«.Y,,,,.,to,-control standards.
STRIPPING
The process of mechanically scraping away topsoil.
STRUCTURE
Any object constructed, erected, installed or placed on land or in water, including buildings,
sheds, mobile homes, tanks, bulkheads,piers and docks and any additions or alterations thereto.
Lakes,SURFACE WATERS OF THE STATIE OF NEW YO112
sounds, 7 ) 7 wells, rivers, 7 ,
wetlands, >
State of Now York and all other-bodies of sur-faee water-, natur-al or-ar-tifieial, inland or eeasta�
fresh or-salt,publie or-private (exeept those pr-i. te -ate.. that do not eembine or-eff-eet
junetion with natural sur-faeo or-u r-gr-eund waters), whieh are wholly or-paftiallyMthin or-
bordering the state or-within its jur-isdietion. Stofm sewers and waste t-reatfaent canals, the Atl-.Ai- Within thee tefriter-ial seas of the
ineluding tr-ea4ment pends or-lagoons whieh also ineet the eriteria of this definition are not waters
of the state. This exelusion applies only to man made bodies of water whieh neither were
original!), ereated in water-s of the state (sueh as a disposal area in wetlands) nor-resulted ffem
impoundment of waters of the state. Alater-s of the state afe fuAher-defined in 6 NYGRR Parts
800 to 941
TEMPORARY STABILIZATION
That exposed soil has been covered with material(s) as set forth in the technical standard,New
York Standards and Specifications for Erosion and Sediment Control, to prevent the exposed soil
from eroding. The materials can include, but are not limited to, mulch, seed and mulch, and
erosion control mats (e.g.,jute twisted yarn, excelsior wood fiber mats).
habitat,303(d) LIST
A list of all sur-faee waters in the state for-w-hieh befiefieial uses of the water- (drink*...,"
>
bays, prepared per-iodieally
waters are estuaries, lakes and streams iha4 fali shet4 of sta4e surfaee water-quality
>
stn,-..anrds and are of o eted toimpr-ovewithin the .,t two
TOPSOIL
The uppermost layer of soil,usually the top 15 to 20 centimeters, it having the highest
concentration of organic matter and microorganisms, and where most of the Earth's biological
soil activity occurs.
TOTAL MAXIMUM DAILY LOAD (TIN4DL)
A T-N4DL is the sum of the allowable leads of a single pollutant from all eopAr-ibuting point and-
nonpoint sources. it is a ealoulation ef the maximum amount of a pollutag that a water-bed), ea
a daily basis and still fneet water-quality standards, and an alleefftion of tha4 ametint to
the pollutant's sour-ees. A TN4DL stipulates wastelead alleeations (WLAs) for-point source
TD A TNTi` ! -To
An employee from the eentraeting (eonstr-uetion) eempany that has received four-hours 0
Depar-tmen4 ender-sed training in proper-erosion and sediment eopArel prineiples from a soil and
water-eensen,ation dist-r-iet or-other Depai4menl endorsed entity. After-r-eeeiving the i
training, the trained eentr-aeter-shall meeive four-hours of tr-aining eveFy t4ee year-s.
VV A CTT,\x7 A'ITTi Water-that is not stor-mwater-, is eontaminated with pollutants and is or-will be disear-d
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Resolution 2024-562 Board Meeting of June 18, 2024
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which
gathers or carries surface water.
MIAT7iD QUALITY STANDARD
Such measures of pur-ity or- quality for-a"waters in r-elation to their reasonable and neeessafy
WATERWAY
§ 236-65 Applicability and prohibitions.
This chapter shall apply and a Stormwater Management Control Plan shall be a condition to
all prepei:t�, building permits issued which include any of the restricted activities identified
at 236-10 herein within the T^.,.,, of c^"t and shall govern:
A. Applieability.
(4)A All grading, drainage and erosion control, ;
(2-)R All new or replaced impervious surface and all land development activities, whether-
t a peffflit; require-,;
(3)C. All discharges directly or indirectly to a highway or public right-of-way, public drainage
control system, neighboring property, wetland or public waterway; and
(4)D. All new and existing land uses within the Town.
explieitly exempted by an authorized enforeement agency.
B. Goner-a!prohibitions. The feilewing items are not a-uthor-ized under-this ehapt
Discharges after land development aetivities have been eempleted and!he site has
under-gone final stabilization.
1(2) Diseharges that are mixed with sourees of nonstermwater-other-than these authorized in-§
236 25A(I) of this ehapter-and identified in an SWPPP required by this ehapten
(3) Disehar-ges that are required to obtain an individual SPDES pefmit or-anether- SPDES
general pefmit by the DepaAmeiA.
(4) Discharges from land development aetivities that adversely affeet a listed, or-propose
be listed, endanger-ed or tIffeatened speeies, or-its er-itieal habitat.
(5) Disehafges whieh either- eause or- eepAr-ibu4e to a vielation of water-quality standards
adopted pufsuaRt to the State ERvir-epmepAal Censerwation Law and its ae-e—p—ymg
(5) All water-entering the N4S4 generated on any developed and undeveloped lands unless
(6) Land development aetivities for-msideiAial, eommer-eial and institutional pr-E)jeets that.
disturb one or-more acres of land with no existing impervious cover-and where th
phase is identified as an E or-F on the USDA seil sun,ey fer-Suffolk Geuf43F,
(7) hand development aetivities for lineaf tr-anspei4atie..I—i—is -..d linear-utility pr-ejeets
that disturb!we or-mer-e aer-es of land with ne exis'.."... tI I-A and where the soil slop-e
phase is iderAified as an E or F en the USDA soil sur-vey fei: Suffolk GoufAy-.
(8) Land development activities that adver-sely affeet a property that is listed or-is eligible
listing on the State or National Register of Historic Places, unless there are w-Fitten agr-eemepAs i.n.
or-other-gevemmerAal ageneies to mitigale the effeets or-there are loeal land use approvals
evideneing!he same.
§236-6 Discharges
All discharges within the Town are subiect to this subtitle unless explicitly exempted.
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Resolution 2024-562 Board Meeting of June 18, 2024
Conduct exempted from this subtitle include activities necessary for the conduct of
alZricultural uses in connection with a bona fide agricultural operation.
§ 236 7 Per-for-manee and design er-iter-ia for-stor-mm,ater-management and erosion and
sediment control.
All land development aetivities shall be subjeet io the follewing per-fefmanee and design er4ter-
A. All land disturbing activities or-the addition or-replacemeiit of i ' ir-faees shall
ineh rainfall Em site, even where approval of the St6fmwater-Managemci4 Offieer-is not required
under-this ehapter,
B. Teel*iieal siandar-ds. For-the purpose of this ehapter, the following documents shall serve
pmetioes!hat are designed and eonstrueted in aeeor-danee with these technical documents shall
be presumed t meet the stanch-as imposed l,emi...
(1) The Now York State Storanwater-Managemeiit Design Manual (New York
refefred to as the "Design"
Chapter-of the Soil and Water-Censerwation Seeiety, 2004, most etfffeat ver-sion or-its(2) New York Standards and Specifieations for-Erosion and Sediment Control (Empire State
hereinafter-r-eferred to as t "Erosion Control Manua'
acoordance with teehnieal standards,the; appheant or-developer-must demonstrate equivalenee to
D. Water- quality standards. Any land developmeiit aetivity shall no! eause or- eeiitr-ibule to
violation of water-quality standards as eentained in Pafts 700 through 705 of Title 6 of the
Offieial Compilation of Codes, Rules and Regulations of the State of New York, sueh as.:
(1) There shall be - i - .11 turbidity th-At. Fe'sult in substanfia4 visible eon4r-ast to
natural eon itiens in sur-faee waters of State of New worm
(2) There shall be no in suspended, eelloidal or-settleable solids that will eause
deposition or-impair-the waters for their-best usages; an
(3) There shall be no residue from oil and floating substames, ..-. Asible oil film no-r-
236-7 Prohibited Discharges.
The following discharIZes are prohibited:
A. Discharges to public highways and rights-of-way.
B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other
natural protective features as defined in Chapter 275 of this Town Code.
C. Discharges from private properties to adjoining properties,without express
permission.
D. Discharges to public drainage control systems and networks,without express
permission.
E. Discharges of illicit liquids to any of the areas listed above and any other area within
the Town, except in accordance with facilities approved for the handling of such
materials by the Town, County and/or State.
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Resolution 2024-562 Board Meeting of June 18, 2024
Management
The Town Board shall designate Stomiwater-Management Officers by resolution. T
Sto-,,,.., ate-AR.,-nago„ ent Offleer-s shall 1 ame the following authority.!
A. To aeeept and r-eview all stemiwater pollution prevention plans and appr-eve sueh plans-
prior-to the approval of any munieipal board.
B. Upon approval of the Town Board, engage the ser-viees Of a registered pr-ofessiefial
engineer-to review plans, specifications and related documents and fef sueh eests to be paid by
the pli „+
G. Aeeept the eei4ifleation of a qualified professional that the plans eonfelln to
236-8. Requirements for all Stormwater Discharges.
For all stormwater discharges, responsible parties shall implement and maintain
operational source controls to include but not be limited to:
A. Installation of drainage control structures to contain and recharge all run-off
generated by development.
B. Maintaining private roads, streets, driveways, parking lots and walkways.
C. Identifying and eliminating unauthorized connections to Town Drainage Control
Systems and Public Right-of-Ways.
D. Maintaining and protecting Natural Drainage patterns.
E. Maintaining and protecting Natural Watersheds.
(1) The applieai#er-developer-of any land development aetivity proposed under this ehapter-,
as set for-th in Artioles 11 and/or > or their representative shall, at all iiines,
and main4ain all f4eilifies and systems of treatment and control (and related apptn4enanees)
w-hieh are installed or-used by the appheant to aehieve eemplianee with the requirements of this
ehapter, SedifnepA shall be removed ffem any sedimen4 traps or- sedimepA ponds whenever-thei
design eapaeit�,has been r-edueed by pr-operly operate
(2) For-land develepmepA activities as defined in Ar-tiele > >
the applieant shall
have a qualified professional conduet site inspeetions and doeument the effeetivelless of all
erosion and sediment copAfel praetioes every seven days. hispeetion r-c-pol4s shall be maintained
in a site log book.
(3) For-land develepmepA aetivities r-egula4ed under Artieles 11 and/or H!,the applieant or
developer or their-representative shall be on site at all times when eonstruction or gmding
eepAr-ol practices.
B. MaipAenanee easements. Prior-to the issuanee of any appreval for those ae!ivities
regulated under-Ai4iele H!tha4 has a stefmwa4er-management f4eility as one of the requirements-,
the appliean4 or-developer-must exeeute a maintenance easemepA agreement lhat.shall be binding
on all subsequen4 landowners served by the slefmwater-managemepA f4eility. The easement shall
pr-ovide fer-aeoess to the f4eility at reasonable times for-per-iodie inspection by the Town 0
Southold to ensufe that the faeilit�, is maintained in proper-wer-king eendition to meet design
standards and any othe stablished by this ehapter, The easement shall be r-eeer-ded
by the applieant or-dev-1—y— --- offlee of the County Clerk after appreVal by the T-ev,%
A+
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Resolution 2024-562 Board Meeting of June 18, 2024
regulated under Aftieles 11 and/of III to dete.—i— 11-1 11— ..erk has been Completed in
aeeer-danee with sueh plan. The plan may be modified by mutual agreement if, during or- afte
installation, the Stofmwa4er-Management Officer deems that the installed measures are no
adequate to meet the per-for-manee standards or-if altematives would better-mect the
of a modified plan in order-to maipAain eompliance with this chapter.
D. Maintenance after construction. The eymer or- operator-of�efmanent stermwate
management pr-aefiees installed in aceer-danee with AAicle H! of this chapter-shall ensure they
maintenanee-also ineludes,a4 a miaimun , the f' git
tr-eatmepA and eenlr-el (or-related appuftenanees) w-hieh are installed or-used by the owner-0
operator-to aehieve the goals of this ehapter, 1
quality standar-d violations in weer-danee with Ai4iele 1 of!his ehapier-, § 236 7D Wa4er-quality
sus.
E. Restoration. For-land development activities regulated under-Aftieles 11 and/or-H!, any
elearing, exeavation or development of land in violation of this chapter shall be Corr
cofrective action is not taken as direeted within a reasonable time, the Town may, at its o
expense, take eef+eetive ae4ion to restore the pr-opeAy or-initiate legal aefien against any
responsible paFty, owner-, oeeupant,builder-, ar-ehiteet, eontr-aetor- 4 their-agents, or-any other-
per-son undertaking land development aetivities regulated under-AAieles 11 and/or-H!to pr-even
unlawful or-unauthor-ized activity. The cost of restoration shall beeome a lien upon the pr-opefty
F, MaipAena-nee agreements. For-!a-nd development aetivities regulated under Article H!, t
Te�'ARR- of Southold shall approve a feffna4 maintenanee agr-eemepA for-stormwater-manageme.n.t.
faeilities binding on all subsequent landowners and r-eeor-ded in the offiee of the County Cled
a deed r-estrietion on the pr-opeAy prior-to final plan appr-ev
236-9. Requirements for all Land Disturbing Activities or Impervious Surfaces.
All land disturbing activities or addition or replacement of impervious surfaces shall
provide temporary and permanent construction controls, and shall be required to contain a
2" rain fall on site, even where a Stormwater Management Control Plan is not required
under this Chapter. All applicants for municipal permits shall demonstrate to the
satisfaction of the Building Inspector that the proposed activities can meet this standard,
either by the installation of gutters, leaders, drywells or other measures, prior to the
issuance of such a municipal permit.
The folio s shall be exempt from review under this ehapter-unless the DcpartmefA o
particular'.'ISSI ed under-the SPDES general permit; the DepaFtment or-Town S
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1
Resolution 2024-562 Board Meeting of June 18, 2024
state .l;reetly or-tl,r,,,,g other-N4S4s•
A. Agr-ieuhur-al pr-edueiien as defined in this ehapter, However-, this exemption does not
extend!E) the operation of a dude r-aneh or-similar-epera4ion or-to the eonstr-tietion of ne
structures a ated with a „lt„m pr-odueIioll.
B. Routine maintenance activities that disturb less than 5,000 squar-e feet and are Per-foffiled
to maintain the original line I _ I I , 4r-aulie eapaeity or-original purpose of a f4eility.
G. Repairs to any stei:mwater-management pr-aetiee or-f4eility deemed neeessai=y by the
Stormwater-Management of oer
D. Any part of a subdivision road and drainage plan if a plat for-the subdivision has bee
approved by the Town of Southold Planning Board and eonstructed onbr-before the
date of this chapter,
E. Land development aetivities for-w-hieh an unexpired building permit has been approved
o or-before the off etiye date of Chapter 236.
F. individual oemeter-y grave sites in a developed or pr-coxisting eemeter-y.
G. installation of > sign, telephone,
resources.and eleetr-ie poles and other-kinds of posts or-poles.
14. tivity immediately neeessar-y to protect life, property or-natural
i. Aelivities of an individual engaging in home gardening by growing flowers, vegetables
and other-plants primarily for use by that per-son and his or-her-family.
j. ' Landscaping and hei4ieultur-al aetivities in eomeetion with an existing stmetufe, with
dist„r-b ree of loss than 5,000 square feet flan
K. Minor clearing or emeavation work not ineident to a substantial change in the existing use
of the land, w-hieh may be reasonably expeeted not to eontr-ibu4e to any additional on site
generated funoff or-degradation of any W-nds or-water-beyond the boundaries of the propei4y
involved.
situation,L. Emer-geney r-epair-s on publie or-private objeets,peoessar-y for-the preservation of life,
health er-pr-opeAy, or-taken to implement and accomplish the benefieial purpose of this ehapte.r-
as set foi4h herein under sueh circumstances where it would be impr-aefieable to o
prior-to making such emergeney r-epair-s. Following sueh an emergency >
any
appr-ovals required by this ,haptor shall be obtained,
M. Routine„. „to,,.,merepair-work on p b,lie o private r-oa s o „talky line rights of
way where interim and pefmanent stom+water-mnoff eent-r-el measures will be under-taken. To th
mmimum extent pr-aetieable, vegetation shall be used as a stabilizer and method of filtering an
slowing stor„-,.,..,tor flow f.,,,., road . ,rf:,
N. Pervious stfuetures, •> open deeks,
where the removal of topsoil allows for-the mehafge
of groundwater-.
236-10. Activities Requiring a Stormwater Management Control Plan.
A. None of the following activities shall be undertaken until a Stormwater
Management Control Plan has been approved under the provisions of this local law.
1. Grading or stripping which affects more than five thousand (5,000) square
feet of ground surface.
2. Excavation or filling involving more than two hundred (200) cubic yards of
material within any parcel or any contiguous area.
3. Site preparation on slopes which exceed ten (10) feet of vertical rise to one
hundred (100) feet of horizontal distance.
4. Site preparation within one hundred (100) feet of wetlands, beach, bluff or
coastal erosion hazard area.
5. Site.preparation within the one hundred (100)year floodplain of any
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Resolution 2024-562 Board Meeting of June 18, 2024
watercourse.
6. Installation of new or resurfaced impervious surfaces of 1,000 square feet or
more, unless prior approval of a stormwater manalZement control plan was
received by the Town and the proposal includes in-kind replacement of
impervious surfaces.
B. The following activities shall be exempted from such review:
1. Minor clearing or excavation work not incident to a substantial chanIze in the
existing use of the land,which may be reasonably expected not to contribute
to any additional on-site generated runoff or degradation of any lands or
water beyond the boundaries of the property involved.
2. Emergency repairs on public or private objects, necessary for the
preservation of life, health or property, or taken to implement and
accomplish the beneficial purpose of this local law as set forth herein under
such circumstances where it would be impracticable to obtain approval prior
to making such emergency repairs. Following such an emergency situation,
however, any approvals required by this local law shall be obtained.
3. Routine maintenance or repair work on public or private roads or utility line
rights-of-way where interim and permanent stormwater runoff control
measures will be undertaken. To the maximum extent practicable,vegetation
shall be used as a stabilizer and method of filtering and slowing stormwater
flow from road surfaces.
4. Pervious structures, e.g., open decks,where the removal of topsoil allows for
the recharge of groundwater.
with an approved stoffl3water-management Qen4r-el plan are binding as against future p Plans approved by the Building inspector in eonjuneiion wM the issuance of a building pefmit
eenlaining a summary of the gr-anting the Town permission to enter the pr-epeAy for eemplianee enforcement purposes,-and
from the Building e
an as built dr-awing illust-r-ating the as built leeation and dimensi
of any stermwater-managemepA cent-Fol measufes from at least two eomer-s of the foundation of
the pr-ineipal structure or-other fixed locations shall be s4mitted to the Building inspector, Wh
necessm:y,the Town may alse require the filing of eovenants and mstr-ietions to be filed with I
236-11. Compliance.Where a Stormwater Management Control Plan is required by this
Local Law, all development, construction, excavation and landscaping activities shall be
conducted in accordance with an approved Stormwater Management Control Plan and all
other requirements of this local law.
A. An appheation fer-an amendment to a previous!), approved stormwater-management
eonlr-ol plan shall inelude the previously approved plan, together-with all amendffiepAs noted
therein. The SN40 shall determine complia-me with this chapter-as of thO Elate of submissiOR
B. Upon its reviewof a n phe tion for n n me-PA(s) to n previously ppr-e.,e n+...-.-.-.water
Z�JLVl 111 VV ULlil
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Resolution 2024-562 Board Meeting of June 18, 2024
managementplan as the SN40 deems appfopriate in eenneetion with its appreval of the pfoposed amendment.
C. The applieant mHst keep the S3A'PPP eurfen4 so that it at all times aeeufately daeuments
the efesion and sediment eontfel pfaefiees that are being used of will be used during constr-uetiofl.
and all post eonstr-uetion stefmwater-
At a minimum, the applioant shall amend the SAIPPP.:
(1) Whenever-the eufr-ent pFov.'..*-... I,. to be ineffeetive in minimizing pollutants i
st r -,., .,tor dice ,.,,-ges ffom the site-
(2) Whenever-there is a ehange in design, eonstmetion or oper-ation at the eenstmetion site
that has ! could have , off et o the diseh rge of'pollu4an4s• an
(3) To addfess issues or defieieneies iden4ified during an inspection by the qua
inspeeter, the DepaFtment, the Town, o1 her-regulatory authority.
D. The Depaftment or-the SN40 may notify an applicent at any time that the S3A'PPP does
gat�r
not meet one or-more o f the minim-.-.-Ii-. --ents of this ehapter-or-the general permit. The
,tific do shall be i citing afid ide ti tl-.o of the SNYPH that requiSN40, the appheant shall make the required ehanges ie the S3A'PPP and submit writ4en
notifieation to the Town that the ehanges have been made. if the applicant does not respond to
the Dep eHt's or-theTvwn's eo mmettrs in the speeified time e, the Tevai mayrevoke the
SN40 approval.
236-12. Application Process.
A. Any applicant for a municipal permit to conduct a development, construction or
excavation activity within the Town of Southold shall complete a Stormwater
Assessment Form to assist in determining compliance with this local law.
Applicants that meet the threshold set forth above shall also submit a Stormwater
Management Control Plan to the Building Inspector.
B. No municipal permit that shall be issued for activities requiring a Stormwater
Management Control Plan, nor shall any application therefor be deemed complete,
until the Building Inspector has first issued its approval of the Stormwater
Management Control Plan.
C. Such plan may contain the following elements,which may be integrated into a site
plan or subdivision plat submitted for approval pursuant to applicable Town law:
1. A vicinity map drawn to a scale of not less than two thousand (2,000) feet to
one (1) inch showing the relationship of the site to its general surroundings.
2. A plan of the site drawn to a scale of not less than one hundred (100) feet to
the inch showing the location and description of property boundaries, site
acreage, existing natural and man-made features on and within five hundred
(500) feet of the site boundary, including roads, structures,water sources,
drainage structures, utilities, topography including existing contours with
intervals of not more than five (5) feet where the slope is ten percent or
greater and not more than two (2) feet where the slope is less than ten
percent, soil characteristics, location of wooded areas, the depth to seasonal
high watertable and a copy of the Soil Conservation District soil survey
where available.
3. Location and description of proposed changes to the site and existing
development on the site,which includes:
a) all excavation, filling, stripping and grading proposed to be
undertaken, identified as to the depth,volume, and nature of the
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Resolution 2024-562 Board Meeting of June 18, 2024
materials involved;
b) all areas requiring clearing, identified as to the nature of vegetation
affected;
c) all areas where topsoil is to be removed and stockpiled and where
topsoil is to be ultimately placed;
d) all temporary and permanent vegetation to be placed on the site,
identified as to planting type, size, and extent;
e) all temporary and permanent stormwater runoff control measures
including soil stabilization techniques and stormwater drainage and
storage systems including ponds, recharge and sediment basins
(identified as to the type of facility, the materials from which it is
constructed, its dimensions, and its capacity in cubic feet);
f1 the anticipated pattern of surface drainage during periods of peak
runoff, upon completion of site preparation and construction
activities, identified as to rate and direction of flow at all major points
within the drainage system;
g) the location of all roads, driveways, sidewalks, structures, utilities,
and other improvements; and
h) the final contours of the site at intervals of no greater than two (2)
feet.
4. A schedule of the sequence of installation of planned soil erosion,
sedimentation and stormwater runoff control measures as related to the
progress of the project including anticipated starting and completion dates.
a-ircxcr�A,.+;el c 1T
zr
Requirements for-All Stor-mwater-Discharges
§ 236 13 Requirements for-all stormwater- discharges.
For-all stefmwater-diseharges, r-esponsible pafties shall implement and maintain operational
source controls to inelude but not be limited to-7
A. installatioii of drainage eopAwl stmetures to contain and recharge all runoff generated by
development,
roads,B. Main4aining private •
Q lden4ifying and eliminating unauthoFized comieetions to Town drainage eonty-ol systems
and public rights of wa5-
D. Maintaining and pr-oteeting natural drainage pattems.
1~. Maintaining and .,roteetin.„atuf l water-sheds.
E.
4 236-13. Performance Standards for Approval of a Stormwater Management Control
Plan.
A. The site erosion, sedimentation and stormwater runoff control measures shall be
appropriate for existing topography,vegetation and other salient natural features of
the site. The plan shall indicate that the development will preserve natural features,
minimize grading and cut and fill operations, ensure conformity with natural
topography, and retain natural vegetation and trees to the maximum extent
practicable in order to create the least erosion potential and handle adequately the
volume and rate or velocity, of surface water runoff.
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Resolution 2024-562 Board Meeting of June 18, 2024
B. Site grading, excavation and filling shall minimize destruction of natural vegetation,
the potential for erosion, sedimentation and stormwater runoff and the threat to the
health, safety and welfare of neijZhborinj4 property owners and the general public.
C. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during,
and after site preparation and construction. During grading operations,
appropriate measures for dust control shall be undertaken.
D. Areas exposed by site preparation shall be protected during site construction with
hay bales, temporary vegetation and/or mulching to meet the requirements of the
approved Stormwater Management Control Plan in effect.
E. Natural drainage patterns shall be protected and incorporated into site design.
Where natural drainage patterns are demonstrated to be adversely affectinIz a
beach or wetland, drainage patterns may be altered in a manner which reduces the
threat to such beach or wetland and does not create other flooding or erosion
problems.
F. Site preparation, including stripping of vegetative cover and grading, shall be
undertaken so that no individual building site is stripped of its vegetation cover
more than thirty (30) days prior to commencement of construction. Soils exposed or
disturbed by site preparation shall remain so for the shortest practical period of
time during site clearing, construction and restoration.
G. Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable.
During the interim, erosion protection measures such as temporary vegetation,
retention ponds, recharge basins, berming, silt traps and mulchinll shall be used to
ensure that sedimentation is minimized and mitigated.
H. In no case shall stormwater be diverted to another property either during site
preparation or after development. In appropriate cases,with the approval of the
Superintendent of Highways, drainage control measures may be implemented in the
right of way attendant to an adjacent Town highway, at the applicant's expense.
I. Durinjz the construction period, disposal of stormwater runoff generated by
development activity shall be handled on-site. Balinjz, mulching, debris basins, silt
traps, use of fibrous cover materials or similar measures shall be used to contain soil
erosion on the site.
J. All projects, regardless of the area of groundwater removal and/or grading, shall
retain a natural vegetative buffer zone along waterbodies, including wetlands and
marshes, if one is imposed by the Board of Trustees. If necessary, other forms of
erosion control measures will also be included.
K Natural land features such as shallow depressions shall be used,wherever possible,
to collect stormwater on-site for recharge.
L. Site designs shall minimize impermeable paving.
M. Stormwater runoff shall not be directly discharged to surface waters, marshes and
wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but
shall be attenuated by using holding ponds, sedimentation basins, perimeter
berming,vegetated buffer areas and other measures that reduce flow velocity and
increase storage time. Pollutants shall not be discharged into wetlands. In addition,
any filtering devices constructed as part of the drainage system must be adequately
maintained in order to function properly.
N. All wetland velZetation shall be maintained. Dredging and site construction should
not disturb wetlands either by direct removal of vegetation or substrate, or by the
alteratiodof adjacent slopes that would undermine the stability of the substrate
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Resolution 2024-562 Board Meeting of June 18,-.2024
unless permission is obtained from the Board of Trustees. Grading equipment shall
not be allowed to enter into or cross any watercourse or wetland.
O. Subsurface sediments shall be maintained to provide structural support for the soils
of the wetlands.
P. The elevation of a wetland shall not be altered.
Q. No vegetation required by any agency as a buffer to a natural protective feature
shall be disturbed by grading, erosion, sedimentation, or direct removal of
vegetation.
R. Fill shall not encroach on natural watercourses, constructed channels,wetlands, or
floodway areas. All fill shall be compacted at a final angle of repose which provides
stability for the material, minimizes erosion and prevents settlement.
S. Trails and walking paths along waterbodies shall be sited and constructed so they
are not a source of sediment subject to the approval of the Board of Trustees.
T. The amount and velocity of runoff from a site after development shall approximate
its predevelopment characteristics. However, if the site is adjacent to coastal waters,
storm water shall be contained on-site, to the maximum extent practicable, to
prevent direct discharge of runoff to coastal waters.
U. Natural flood plains and major drainage swales shall not be altered or disturbed in
a manner which decreases their ability to accommodate and channel stormwater
runoff and flood waters. If no practicable alternative to the location of development,
roadway, driveways, and similar surfaces within these areas exists, such facilities
shall be sited and constructed to minimize and mitigate the amount and velocity of
stormwater entering the channel, floodplain or swale and to approximate the
original functions of the undisturbed condition.
V. No land having a slope equal to or greater than twenty (20) percent shall be
developed or disturbed except for conservation measures or measures intended to
remove debris which inhibits the functioning of the swale, except accessways to
shorelines approved by the Board of Trustees shall be permitted. Natural vegetation
and topography shall be retained to stabilize soils and reduce the volume of
stormwater overflow.
W. On lands having slopes of less than twenty (20) percent, but composed of highly
erodible soils, development proposals shall include consideration of the load-bearing
capacity of the soils. Unless it can be demonstrated that the soils can be stabilized
with a minimum of on-site disturbance and no adverse impacts to the stability of
neighboring properties, the development proposal shall not be approved as
submitted.
X. All permanent (final)vegetation and mechanical erosion control measures called for
in approved plans shall be installed within the time limits specified by the Building
Inspector, and no later than the expiration of the municipal permit issued therewith.
§ 236 14 Requirements for- all land disturbing aefivities �us sur-faees.
All land disturbing aetivities or addition or replaeement of urfaces shall provide
minfall on site, even where an appr-eval of the SN40 is not required under-this ehapter,
applioants for-munieipal permits shall demonstrate to !he sa4isfaetion of the SN40 tha
proposed aetii,i tii— ean meet this standard, either-by the installation of > leaders,
dvy wells
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Resolution 2024-562 Board Meeting of June. 1.8, 2024
None of the following aetivities shall be under-taken until an approval of the SN40 has been
issued under the provisions of this ehapter,
A. > > >
ground000 square feet E)-f
B. Exeavation or-filling invelving mefe than 200 eubie 5,ar-ds of mater-ial within any par-eel
or any contiguous area-.
G. Site pr-epar-ation en slopes whieh emeeed 10 feet of veftieal rise to 100 feet of horizontal
distanee.
area.D. Site preparation within 100 feet of wetlands, beach, bluff or- coastal erosion hazard
E. Sit within the one hundred year floc dplai as depleted on FIRM f'any
F. installation of new of r-esur-faeed imperwieus suffaees of >000 >
unless
wal of a stonnwater-management eontr-el plan was r-eeeived by the Town and the
236-14. Appeals
Appeals from the requirements herein may be considered by the Board of Zoning Appeals
upon the showing of an undue hardship.
> eonstraetion,
ehapter shall be conducted in accordance with an approved stomftwater-managefnepA eopAr-ol
exeavation and landseaping aetivities regulated by this
B. 3"ere a subdivision plat or site plan approval has been obtained and drainage has been
addressed to the satisfaetion of the SN40, the SN40 may eonsider sueh approval in satisfaetion of
these r-equir-ements. However-, all develepmei:A on individual lots in an approved subdivisioifl.
shall remain subject to those requirements o an individual basis.
236-15. Inspection, Restoration, Certificate of Occupancy and Fines.
A. Inspection
Inspection for soil erosion, sedimentation, and runoff control plan compliance shall
be conducted by the Building Inspector to determine that the work has been
completed in accordance with such plan. The plan may be modified by mutual
agreement if, during or after installation, the Building Inspector deems that the
installed measures are not adequate to meet the performance standards or if
alternatives would better meet the Code requirements. If no agreement is reached,
the Building Inspector may require the submission of a modified plan in order to
maintain compliance with this local law.
B. Restoration.
Any clearing, excavation or development of land in violation of this local law shall
be corrected forthwith after written notice by the Building Inspector. In the event
that corrective action is not taken as directed within a reasonable time, the Town
may, at its own expense, take corrective action to restore the property or initiate
legal action to prevent unlawful or unauthorized activity. The cost of restoration
shall become a lien upon the property upon which such unlawful activity occurred.
C Certificate of Occupancy.
No certificate of occupancy shall be issued by the Building Inspector until all work
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Resolution. 024-562 Board Meeting of June 18, 2024
required to be completed pursuant to the plan has been satisfactorily done.
D Fines.
Any responsible party undertaking clearing, excavation or development of land in
violation of this local law, or falsifying information in connection with the
requirements of this Local Law, upon conviction, shall be guilty of a misdemeanor,
punishable by a fine of not less than five hundred dollars ($500) and not more than
two thousand dollars ($2,000). Such person shall be deemed guilty of a separate
offense for each day during which a violation of this local law is committed or
continues.
E. Enforcement.
The Director of Code Enforcement and/or the Building Inspector are responsible
for enforcement of the provisions of this Chapter, and have the authority to issue
violations of this Chapter. The Town Attorney shall be responsible for prosecution
of any such violations. In addition to the above-provided fines, the Town Board
may authorize an action or proceeding in the name of the Town in a court of
competent jurisdiction to compel compliance with or to restrain by injunction the
violation of this Chapter.
development, eenstructi
eenstmetion 7
7
land development activity or exeavation aetivity vAthin the Town of
this ehapter, Applicants that meet the threshold set fei4h above and require a stemwate
management control appi:oval shall also s4mit a stomwater-management eonlr-et plan to the
R. TT�.o receipt by the Bo rd/T..w- department�-eyin .�i4ng the r�phe do to eenduet any
D
aetivity regulated by this
7
approval,the Bear-d4ev,%department reviewing the munieipal app
applioation shall r-efer-the proposed stemiwater-management eepArel plan io the SN40 fo
comment and r-eeemmendation.No munieipal approval shall be issued for activities
eemplete nor- shall any appheation ther-efor-be deemed
U13til the SMO has first issued his or-her-approval of the stemwater-management
be integrated into a site plan or subdivision plat submitted for-approval ptffsuanl to appheable
Town law-
000 feet to one ineh showing
Q Sueh plan shall contain the following elemenAs where required by the SMO, whieh may
the r-ela4ienship of-the site to its goner-a! suffeundings.
(2) A plan of the site dr-am%to a seale of not less than 60 feet to the ineh showing!he loeation
and deser-ipfien of property 7 site 7
existing natural and man made features on
and within 500 feet of the site 7 ineluding 7 structures, water sources,
drainage-
7 utilities,
topography ineluding emi�timg eontour-s with intervals of not mor-e than five
feet where the slope is 10% or-greater-and not more than two feet where the slope is less tha
7 test hole indieating soil 7 areas,atiofl Of Ooded
site, the depth to seasonal
high water-table and a eepy ef the soil eonser-vatien distr-iet soil sulwey.
proposed ehanges to the site and existing development on the
whieh includes-
ineluding total area of land disturbanee and total ske area;.
7 filling, stfipping and gfading proposed to be undertaken,
identified as to
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Resolution 2024-562 Board Meeting of June 18, 2024
the depth, volume, and nature of the materials involved;
(c) All areas requir-ing elear-ing, identified as to the nature of vegetation ;
ultimately plaeed;
(e) All teffipor-ar-y and peFmanent vegetation to be placed on the site, identified as to planting
type, size, and(d) All areas wher-e-to-1-1-s-oili-s to be removed and stockpiled and where topsoil is t
(f) All tempor-ar-5, and permanent stomwater-runoff coritr-ol measures identified as to the type
of facility, the materials from whieh it is > its di >
fee!, ineluding soil stabiliza4ien teehniques and stennwate a-ifflage and storage systems-,
ineluding ram o..ha-ge and sediment basins.
eompletion of site preparation and eanstmetien aetivities, identified as to rate and dir-eetion o
flow at all within the drainage system-,
> > sidewalks, > utilitics,
and othe
> >
and
(i) The existing and final eontour-s of the site at iRtervals of not more than five feet whefe the
slope is 0 greater- notmoretwoeetereope ess an 0
grubbing,(4) A sohedule of the sequenee of installation of planned soil erosion, sedimentation and
starting and eompletion dates.
>
and any other- etiy t , t the site that results ; soil .distu.b..nee
appropriate,(6) Deser-iption of pollution prevention measums theA will be used to eoi+tfol liffw-,
FUROffi
(7) A deser-iption of the minimum erosion and sedimeiA eoiAt!el practices to be installed or
that identifies the timing of initial placement or-implementation of eaeh erosion and sedime
eomir-ol pr-aetiee and the minimum time ffames that eaeh pr-aetiee should remain in plaeo or-be
(8) Deser-iption of eonstmetion and waste materials expected to be stored on site
updates as >
ineluding storage pmetiees to mini te of the materials to v
and spill
pr-eve„tio „.d
(9) Tempor-avy and pewmanent soil stabilization plan that meets the requir-ements of the most
Erosion and SedimepA > >
grubbing t p et , pletio a-n d .,ehie.,o,f,o,�A of final stabilization.
(10) A site map/construetion dr-awing(s) for-the pr-ojeet, ineluding a goner-a! loeatien map. At a-
> ll area; ll > areas of disturbances;
ateas will not be disturbed; existing vegetation on site and adjaeepA off site suffaee water-(s)
slopes; existing and
final loea4ions of dig-er-ent soil �ypesboundaries; material, waste,
boffew of
> and the eeifie > >
and length(s) of eaeh erosion and sedime
„+-a l
(11) Dimensions, material speeifieations and installation details for-all erosion and sedifflen
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Resolution 2024-562 Board Meeting of June 18, 2024
b the b and sizing of basins.sediment
(12) Tempefar-y pfaetiees Ihat will be eefiveFted to permanent control measures.
(13) implementation schedule for staging tempomry erosion and sediment eentfel pfaetiees,
including the timing of initial placement and duration that eaeh pr-aefiee should remain in plaee--.
(15) Name(s) of the petential surface waters of the State of New York and/oi:the Fee-NA-M..-I
N4S¢
(16) Dehnea4ion of stefmwatef:management eontrol plan implementation responsibilities fe
eaeh part of the site.
(17) Desoription of struetur-al practices designed to divert flows from exposed soils, store
flows, or-other-wise liffiit Funeff and the disehar-ge of pollutants ffom exposed areas of the site-to
the degree attainable.
installing,(18) Aff other-existing data that deser-ibes the stoi:mwater-mnoff at the site.
(19) The applieant must identify the eei4faeIor-(s) and subeon4r-aetor(s)that will be responsible
eenstmeting, repaifing, >
sediment control pr-aeiiees ineluded in the c3x�r
grading,§ 236 18 Per-for-manee standards for- approval of stor-mivater-management eontr-ol plan.
appropriate for existing topography, vegetation and other salient natural features of the site. The
plan shall indieate that the development will pr-eserwe natural fe�ur-es, tding and eut
trees lo the maximum extei4 pr-aetieable in order-to ereate the least erosion potential and
adequately handle the volume and rate or-veloeity of sur-faeo water-runoff,
B. Site >
Erosion, the
potential for- erosion, sedimentation and stor-mwater-r-unoff�nd the threat to the healtb, sa�� and
G.
>
York, an
after-site pr-epar-a4ion and eenstmetion. During gr-ading operations, appropriate measures for-dust
control shall be undei4aken.
D. Areas exposed by site preparation shall be proteeted during site construction with hay
bales, silt fencing, temporary vegetation and/or-mulehing to meet the r-equir-emeiiAs of the
NYSDEG Erosion GepAr-ol Manual.,
E. Natur-al drainage-pattems shall be pr-oteeted and ineor-per-ated into site design. IALhery
the State of Now as defined herein,
r-eduees the thfea4 to sueh beaeh or-sur-faee waters of-the State of-New YE)r-k, as defined herein,
and dees not er-ea4e other-flooding V.-obleins.
F. Site > ineluding stripping of vegetative eover and grading,
shall be Undertake
so that no individual building site is stripped of its vegetation cover more than 30 days prior-to
eomfneneemen4 of eonstmetion. Soils exposed or-disturbed by site preparation shall remain so
for-the shoFtest pr-aetieal period of time during site elear-ing, eenstmetion and r-estor-a4ion.
G. Disturbed soils shall be stabilized and r-evegetated or-seeded as soon as praefie
Dur-ing the > ,
eases,reehar-ge basins, ber-ming, silt tfaps and mulehing shall be used to ensure tha4 sedimentation is
minimized and fflitigate4-.
14. In no case shall stor-mwaler be diverted to another pr-epeft�, either during site
E)r-after- development. In appropriate ,
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Resolution.2024-562 Board.Meeting of June 18, 2024
Ne land a slope equal to or greater-than 0
' having
shall be developed eF dist4bed
exeept for- eenserwation ffleasur-es — meas-I— intended to remove debris whieh inhibits the
funetioning of natural — eng. .--.ed drainage and erosion eentrel measures exeept aeeessways to
shor-elines pefmitted by Chapter-275. Natural vegetation and tepogr-aphy shall be retained to
stabilize soils and ro.uee the volume ,f ..,.,to,- . er-jqe..,
%
W. On lands havinghigh!), erodible es of less than but ,
development proposals shall inelude consideration of the load bearing eapaeity of the soils.
Unless it ean be clemenstr-ated that the soils ean be stabilized with a minimum of on S* I
distur-banee and no adverse impacts to the stability of neighboring propeFfies, the development
proposal shall not be approved as submitted.
X. All pefmanent and/or-final vegetation and meehanieal erosion een4rel measures ealled
.. d plans shall be installed within the time limits speeified by the Stennwater-
Management Offleer, and no later than the time limits speeified by the Stefmwater-Managemen
Offieor o noted i the storm..,..tor management control plan.
A rt;..l e M
nz-czczc irr
waters, Additional Requir-emen4s
r via an >
and tha4 fall withi.n.any one of the below eateger-ies wi4
require the submission of an SALPPP as set forth in § 236 2OC-(!) of this ehapter w-hieh inelu
only er-osion and sedimo„t „trols
(1) Gonsti=uetioii aetiviiies that involve soil distufbanee of one or more aer-es of land btA less
than five
(a) Single family residm4ial subdivisions with twen-ty five per-een4 or-less imper-viotis eove
.,t total site build out;
(b) l onstmetio of a barn o other . ..ltur- l building, silo stock ,..r.l o pen; and
( family) Single family homes that do not moot a of t ,he thfes olds sot for-tl, i f 236 19B
(2) The following eenstridetion aetivities that involve soil distur-banees of one or-mor-e aer-es
of!and.:
(a) installation of > > sueh as gas lines, > ,
eleetrie,telephone, se and water-
retrofits and stream roster t;or r eets.
(e)---Bike paths and
(d) Sidewalk eonstmetion pr-ejeets that are not part of a read/high-way construction of
(e) Slope stabilization pr-ojeets-,
(f) Slope-flattening that ehanges the grade of the site, but does not signifieantly ehange the
C oil .,reds-that,will 1, .7 •tl, g t.,t;o ;
ern-v�cv=�cri-crdvi�rr`r'vegetation;
,
> > meadows, e
post development . ndit;ons;
3 area and do not alter hydr-ology f+om pre to post development 7
L�l Demolition r eet where vegetation will be established and no redevelopment ;
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Resolution 2024-562 Board Meeting of.June 18, 2024
parking
Struetuml practices as identified in Table 11 in the n
Catalog for-Nenpoint Sour-ee Pollution in New York n
waters,reconstruction of impe� A—
and that meet any one of the below
7 7
(1) Stomwater runeff from !a..-' de.elepnient aetiviiies disehafging a pollutant of concern to
either an impaired water-identified on the New Yor-k State Department of Envirepm
GenserA,atieashall also include water quantity and quality eenlr-ols (posteenstruction stormwater-mfle
project,s Seetion 303(d) list of impaired waters of a total maximum daily load (TN4DL)
designated water-shed for-w-hieh pollutants in stofmwater-hm,e been idepAified as a sour-ee of the
(3) Stermwater runeff from land development aetivity disturbing between One aer-e and five
aer-es of land during the course of the
r-esidenees exclusive of the construetien of single family
eonstfuetion of single family residential subdivisions with I.ess th.—An�f25%. imper-,vious
cover at total site build out and constmetion aetivities a4 agr-ieultur-al pr-opcl4ies.
A. Any applieant for-an aetivity that requires approval of the SN40 for land developmepA
aetivities within the Town of Southold that meets any of the thfoshelds set fefth in § 236 19 shall.
assessment form to assist in detefM* ' _ - plianee with this ehapter, The applieation shall
inelude a stormwater-pollution prevention plan (SWPPP), whieh should be submitted to the
Building Depar-tfnen4.
B. Upon r pt by the QN40 of any a pl ieat o for aR approval, the SN40 „, rofe the
proposed S3AIPPP to the TwA%Engineering Department�ar eemment and recommendations.No
munieipal pefmit that shall be issued for-aetiviii . . . - in approval of the SN40 ner-shall
any application therefor be deemed eemplete utfit.i.1 S.P.110 has issued an appr-eval of
rrvrri�and rhas rissued PP aeeeptanee form.
G. S) 7DDD requirements.
�
(1) Ti ie SWPPP s rall inEll €,at "", the ollle—irr�
L i t f:,r.Y,� 236 1'7! f'� hapt
Lck�i�l�vrx�crt�6ii�e�� -�v-r�-c-vr sC�uF�c
.
[1] Infemflation on whether-the stefmwatef disehar-ge or-land development aetivities would
have an effeet en a pr-opei!ty (hister-ie et!ar-ehaeolegieal r-eseur-ee) that is listed or-eligible fe
lisfin. o the State or-National Register-of Histofie Places;
listed, listing,
on!he State or National Register-o
Historic Plaees and areas of archaeological sensitivity that may indieate the need for- a survey ea
be obtained onfine by viewing the New York State Offiee of Par-ks, Reer-ea4ion and Histor-ie
Updated: 6/18/2024 1:39 PM by Lynda Rudder Page 28
Resolution 2024-562 Board Meeting.of June 18, 2024
listed, E)r- eligible for listing, on the Sta4e E)r-National Register-
fails to deser-ibe and implement such measures, the stefmwater-diseharge is ineligible fe
covefage—under-this po,.,,.,; R
other-
e
or-lee-I land use appr-evals evidencing the same.
;l group (uern.
standards;(e) Identification of any elements of the design that are not in eenferma-mee with the Design
Mapmal. inelude the r-casen far-the deviation or-alternative design, and pr-ovide infomiatio
whieh demonstrates that the deviation or-alter-native design is equivalePA to the teehpieal
o
(g) A detailed summary (ineluding ealculations) of the sizing er-iteria that were used to
design A post eensiruetion stofmwa4er-management pr-aetiees. At a minimum, the sununar-y
shall address the required design er-iter-ia from the Design Manual, ineluding the idenlification of
and justifieation for aF.�), deviations ffem the Design Manual, and identifieation of any desig
or-iter-ia that are not required based an the design er-iter-ia or-waivef er-iter-ia ineluded in the Design
''..
Manual;
management pr-actiee. The plan shall identif�, the entity that will be responsible for-the long te.m...
operation and maintenanee of each
(2) For-eeastmetie.. iti meet any of!he thfeshelds in § 236 19B, these additional
post „st,- etio st.,,-„.,.,,.,te-runoff controls shall be included i the S3A'PPP:
managementas part of the pr-ojeet.
system for the applicable design sto
eenditions*
(e) Di--.—.*—.-I...a efial speeifieations and installation details for eaeh post eonstmetion
site for the puTese of inspeefien and repair-. Easements shall be r-eeor-ded en the plan a-Rd shall
remain in effect with transfer-of title to the p eft,.
above,(h) inspection and maintenance agreement binding on all subsequent landowners served by
the on site stormwater management in aeeor-danee with § 23 6 9B (see AAicle ,
Ads „tonanee easement*
plan,(i) For-these aetivities that meet the thfesheld set fofth in § 236 19B(I), the SWPPP shall
who shall eeftif�, tha4 the design of all sten:nwa4er-management pr-aetiees meet
.,ts of this ..hapter,
Updated: 6/18/2024 1:39 PM by Lynda Rudder Page 29
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Resolution 2024-562 Board Meeting:of June 18, 2024
D.
Pr-ohibition of illicit eonneetions.
7 7
MS4 is prohibited.
(2) This prohibition expr-essly 7 without limitation,
past, i1heit eonneetions made in the
pr-evailing at the time of eamneetion.-
eensidered to be in violation of this chaptef if the per-son eonneets a line
conveying sewage to the fegar-diess of whether the cefineetion was permissible undei:law of Aieable of
,' L✓V LV Failing individual sewage treatment systems prohibited.
to!he A. No pefsons shall operate a failing individual sewage treatment system in areas tfibutavy
s MS4. A failing individual sewage tfeatment system is one w-hieh has one e
more of the following eenditions:
C'J r'1"
(2) Disel,nrges of tfeate.l o untreated sewage „to the ground s ,rf
(✓) 1 1 vviuzi. ostofmwatef sewer-system.
(4) Liquid level in - septieccrrnc-aavrecne ocrcrcczirPert.
(5) Struetural failufe of any eomponent o in-di, . sewage treatment system!hat eould
lead to any of the other failufe eonditions as noted in this seetion.
(6) !`ei# minat e of off site s ,rf:, < ate f a, d groundwater-.
B. Any failing individual sewage system shall be r-emedied to the satisfaetieft of the SMO.
A. Aetivifies iha4 are subject to the r-equifemen4s of this section afe these types of aetivities
(1) Causeor- r,+r;b ute ton Vielation of them „nlity's MS4 QDDES per-
(2) m;+
in_§ 236 57 Definitions, of this chapter
improper-management of pet waste or- any othef aetivk�,that eauses of eentr-ibutes to
7
violations of them nlity's MS4 CUDES permit authorization.
copAr-ibute to violations of the C. Upon netifieation to a pefson that he or- she is engaged in aetivities that eause
s MS4 SPDES permit 7
that per-son shall
take all r-easenable actions to eoffeet sueh aefivities such that he of she no longer-eauses o
i.�r
„+r;b sites to violations f them nlity's MSS SPDEC permit au-t a fiza4ie,
,' LJV LV 1 1 rvvll LlV ll' control and Z l•
management pr-aetiees-.
A. Best management praetioes. Wher-e!he SN40 has identified i1heit disehar-ges as defined i
the munieipality may
duetion of stor-m-water-pollutants by use of be-
provide,and aetivifieS.
(1) The aw-ner-or-operator- of a eommer-eial or-industrial establishment shall at its
expense,own
€ 563 responsiblefor-c1 3ivp e....scr=v'vhieh is, ••r may be, the svurce f 236 27 may be required to
I
implemepA7 id 7
additional stnietur-al and
1 „s+r, etur—nl BN4Ps to reduce eliminate the s of'poll„tant(s) to the MS4
1V 11J Ll UV LU1Zl�1-JL �
activity,(3) Complianee with all tefms and conditions of a valid SPDES permit authorizing!he
to the extent
shall be
practicable,
Updated: 6/18/2024 1:39 PM by Lynda Rudder Page 33
Resolution 2024-562 Board Meeting of June 18, 2024
L1L.1.u1L.L. eemplianee with the pfevisions of this section.
of pollutants of fequir-ing a r-eduetion of pollutants. Wher-e individual sewage tfeatment systems
are eontr-ibuting to the B. individual sewage treatment system. response to special eenditions r-equiring na inefease
with the applieable fules and fegulations of the Suff-alk Count), Department of Health Sefviees
and/or-the below fequir-ements. in instances w-hefe there is an ineensisteney with the belomx
and the Suff-olk County Depaftment of Health Serviees fules and 5, the ewner- or oper-atof of sueh individual sewage treatment systeffis shall be required to eofflply
`ll 1Y1U111LU111 U11U Vill'1 ULV llll.Li
vidual sewage treatment systems as follows-
(a) lmspeet the septic tank annually to detem-ine sew.. and sludge aeeumulation. Septie tapAc-s
must be pumped out whenever the bottem of the scum layef is within three inches of the beitem
of the outlet baffle of sanitafy tee or-the top of!he sludge is within 10 inehes of the bottom of the
outlet baffle or sanitaFy tee.
(b) Avoid the, of sept e iank additives.
`V J �Lllli
(e) Avoid the disposal of exeessive quantities of
kitehen
7 wastes, laundry wastes,
and household ehemieals; and
(d) Avoid the disposal of eigafette but4s, disposable diapers, sanitary napkins, tr-ash and othef
stieh 4e
s
(2) Repair-or-r-eplaee individual sewage tr-eatmepA systems as followsi.
(a) T„ .l !.,•.l.l ce it 10 R1V(''R Appendix dix '75 A to the,-Y extent„ +;eablo
\Ul 111 UVVV1UU11Y.+L+ Y{rl .
(b) A design professional lieensed to pfaetice in New Yor4E State shall pfepar-e design pla-ms
fef my type of absorption field tha4 involves-.
such-.
linstallation of a new
[3] Use of alternate system of innovative system design or teehnolegy-
A. The SMO > notice,
such susp-....*-..iis..--essafy to stop an actual or thfoatened disehafge which pfesents of may
> lth ,
ther-eafter-in�ffiting of the feasons for-the suspension. fails to eomply with
. i order-issued in an e-mer-geney, the SMO may take sueh steps as deemed Ileeessafy to
Yiv v'vuL Vl iiiuiulll.,l,llcanresg o
munieipalityB. Suspension due to the deteetion of ilheit diseharge. AR), pefson diseharging to the
temination would abate of r-eduee an ilheit diseharge. The SN40 will notify a violatof in wfiting
of the proposed tefmination of its N4S4 meess and the reasons ther-efer. The violatef May petkion
the SN40 in vffitifig for-f eeonsider-ation. Aeeess niay be gfanted by the S-N40 if he/she finds!hat
the illicit discharge has eeased and the disehar-gef has taken steps to prevent its Y-Oeuffenee.
or-is like!),to recur. A per-son eommits an efknse if the per-son reinstates N4S4 access to pfamis
terminated pursuant to this seetie thout-th . nl of the SMO-.-
LJV JV 1llU UJ411L11 Vl vV1
Updated: 6/18/2024 1:39 PM by Lynda Rudder Page 34
' • • • i•. • • • i
•
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NINE. WON K.
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0111111" ....AAL-AAA.-IIIIIII 1111 N-_ III
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Resolution 2024-562 Board.Meeting of June 18, 2024
ArtieleV
Administration and Enfor-eement
The Office of Gode Enfer-eement, the Polioe Depaftment and/or-the Building hispeetor are
responsible for- enforcement of the provisions of this ehapter and have the authority to issue
vielations of this ehapter, The Tewn Attemey shall be responsible for-pr-eseeutien of any sue.h.
violations. in addition to the above provided fines, the Town Board may autherize an action of
o.ding i the„ of the T.,.,.,, court of eempete t; n.dictio to . of . �,1;.nce
t.r.,L.L.L.ulllb 111 L11V name V1 L11V Town VY11 111 U VVU1L Vl VV111jJ
withitl, V1-L to restrain b y ; etio the. .hate,, f t ,•his chaptoL11 �
Stermwatei:diseharges that are regulated undef Articles 11 and M ef this ehaptef are subjeet to
the follow.h. .
A. Erosien and sedime A eopA l inspeetion.Tti€ Offiee of(`ode En f reelment othe rrnc
ehapter- and approve that portion of the work completed or-notif�,!he applicant
wherein the work fails to eemply with the i:equir-emepAs of this chapter-and the stonmwate
pollutien pr-evention plan (S3ALPPP) as appr-eved. To obtain inspections, the appheant shall notif�,
I
s Building inspeetor-at least 4 8 hours before any of the folio ir-ed by the
(1)histall 14ion of sediment and er-Osien eentml measures-,
) Ctaft of site to ,;,, ,•
(3) StaFt of mugh
(4) Start of eonstruction;
(57 Clow of the eenstmetion season;
(6) Completion of final landseaping; and
(7) Successful est.,b,lisb,mo„t of lan dseap ng ; „blie
B. Restoration. Any elear-ing, emeavation or development of land in violation of this ehapte
shall be corrected fer-thwith after-wriiten notice by the Offiee of Code Enforcement er the
Building inspeeter, in the event that eeFFeetive aetion is not taken as dir-eeted within a reasonable-
time, the Town
> at its own expense,
legal aetion to prevent unlawful or-unauthor-ized activity. The cost of restor-ation shail beeome a-
lien upon the pr-opefty upon w-hieh such unlawful aetivit�, oeeuffed.
Q Ger-tifieate of occupancy. No eer-tifieate of eeeupaney shall be issued by the Building
hispeetor-until all wer-k required to be eompleted pursuant to the plan has been eompleted to
satis aetion of!he SMO
D. Fines.J. Any VJ„ , o Y, o , , a , c
agents, or-any other-per-son undei4aking clearing,
emea-vatien or- developmeRt of land in violation
of this or falsifying inf4mation in eonneetion with the requir-emepAs of!his
7 ,
upon 7 shall be guilty of an 7
punishable by a fine of not less than $500 and not
more than $2,000. Sueh per-son shall be deemed uilty of a separate offeRse for-eaeh day during
w4iieh a violation of this ehapter-is eommitted or continues.
§ 236 35 Uhler diseh.,rges
Violations V are
subjeet to !he following:
(1) When the Office of Code Enfer-eement or Building inspeeter finds that any respensible
part„ ..,t b uil,do ,ehiteet „t,-aeto•or their-agents o other-p Y, has
1,JU L�', V YY�11V1, VVVUtJ Ull L, VU11UV1, Ul Vlll LVV�VTJi
violated a prohibition or-failed to meet a requifement of Ar-tiele
Illieit
7 7
Updated: 6/18/2024 1:39 PM by Lynda Rudder Page 36
Resolution 2024-562 Board Meeting of June 18, 2024
r� re.ithout-lip
!Ul
` J The elimination of illicit n +;, a;nn,n, To
;
> > desist;ll
(e) The abatement ot:r-effiediation of stormwater-pollution or eentafnination hazards and the
restoration of n of-e+ed „ ert y;
(da) ' The per-€efmanEe of meni-tor-�ses, and reporting;
(e) PaymefA of a fine; and
(f) The ; plemet4at o of source iAr-ol o treatment BMP
deadline,(2) if abatement of a viela4ion and/or-restoration of affeeted pr-opervf is required, the notiee
shall set fbi4h a deadline within which sueh r-emediation or-rester-ation must be eompleted. Sai-I
notiee shall further advise that should the violator-fail to remediate or-restore within-the
established
the work will be done by a designated govemmental ageney or a eefAfaetof
and the expense thereof shall be charged to the violator.
B. Fines. Any responsible , owner-6 Scup nurrr,-vtznacrcrrEhitcc, Ee i'rtrt`1 Et6rofcrrcrr
agents or any other per-son undertaking eleafing, exeavat I pment of land in violation
of this ehapter, or falsif�,ing information in eonneetion with the r-equir-ements of this ehapter,
upon > shall be guilty of an offense, >
during000 an
not more than$5,000. Sueh per-son shall be deemed guilty of a separate offense kr-each day
G. Eerfeetiye measures.
of violation,then the Offiee of Code Enfer-eement or the Building inspector shall request the
owner-(1) if the violation has not been oofreeted pursuant to the. set ki4h in the notiee
s peffflission kr-aeeess to the subject private property to take any and all measu
reuovnuVrneeessary to abate the violation and/or restore the pr-opefty.
property,(2) if refused access to the subjeet pr-ivate
!he Office of Gode Enforcement Of, the
Building Inspeeter-may seek a waffant in a eour-t of competent jur-isdietion to be authorized to
epAer-upon the pr-opei4y to determine whether a violation has oeeurf ed. Upon detefmination!hat--a
violation has occuffed,the Offiee of Code Enkr-eemei# or-the Building inspector may seek
court order-to take any and all measures reasonably neeessar-y to abate the violation and/of
restore the propeAy. The eost of implementing and maintaining sueh measures shall be the sole
responsibility of the disehar-ger.
D. inju,etiye relief-. shall be unlawful F r n per-son to elate n r fail to
L. 1111 L111V L1YV 1V11V1. 1L J11U11 VV U113UV
eomply with any of the r-equir-ements of this chapten if a per-son has violated- A-F 0--offln.t.i.nWies to
.f this petition for preliminary +
violate the. El3aj3t€r; the Town
V V1111JV11111g L11V per-son to per-krm abatement or-remediation of!he violation.
The remedies listed in this ehapter- are not exelusive of any other-r-effiedies available under any
applicable > or laeal law,
aiid it is within the diseretion of the authoi:ized enfor-eement
ageney to neeL n ,Ylatiye r ed en
III SEVERABILITY.
If any clause, sentence,paragraph, section or part of this Local Law shall be adjudicated
by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate
the remainder of this Local Law.
IV EFFECTIVE DATE AND DURATION.
Updated: 6/18/2024 1:39 PM by Lynda Rudder Page 37
Resolution 2024-562 Board Meeting of June 18, 2024
This local law shall take effect immediately upon filing with the Secretary of State.
Denis Noncarrow
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 1:39 PM by Lynda Rudder Page 38
CHAPTER 236
Stor mwater Management
1 . SEQRA
2. Southold Town Planning — No Comment
3 . LWRP
4. Suffolk County Planning Comments
5. Affidavit of Publication Suffolk Times
6. Legal Notice
7. Affidavit of Posting
8. Resolution
It is the purpose of this chapter to promote and protect, to
the maximum extent practicable, the public health, 'safety
and general welfare by i) -establishing minimum
stormwater management requirements and controls; 4)
sepa a e storm seweF 611stem (A424) to maximum
,and iii) establishing metheds fnr Gentrnllinn the
. . ...
4 n
i I etenith 1.nts ofe New Vnrnu I"1er»rt_mert-of
hFnyrnrmentaI natme -3 Pollutant :,;..
_
Elimination Ryqttzm (C®0'1�C1 noner�l r.ermit for 11AC�I`
The,'-'-.�..
objectives of this chapter are as follows: . ;
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex of S0 P.O. Box 1179
54375 State Route 25 O�� y0l Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) h O
Southold,NY � � Telephone: 631 765-1938
www.southoldtownny.gov
cou
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM At 1-7 202d .:
Southold Town Verk
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 Amendments to Chapter 236
Stormwater Management"
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 Qg S0(/ P.O.Box 1179
54375 State Route 25 ®�� j�®� Southold,NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY g� Telephone: 631 765-1938
www.s outholdtownny.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 Amendments to Chapter 236
Stormwater Management"
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�Ur�®� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtow-rmy.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 Amendments to Chapter 236
Stormwater Management"
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 9F S0 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-rmy.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 Amendments to Chapter 236
Stormwater Management"
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 (fifi S0U P.O.Box 1179
54375 State Route 25 ��� ��°®� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) '�
Southold, NY � Telephone: 631 765-1938
www.southoldtownny.gov
Vs
rouri
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 Amendments to Chapter 236
Stormwater Management"
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
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex so P.O.Box 1179
54375 State Route 25 ®� ®� Southold,NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold,NY Telephone: 631 765-1938
www.southoldtownny.gov
COUNTV,�
PLANNING BOARD OFFICE
TOWN OF SOUTHOID
MEMORANDUM
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk
From: Mark Terry, Assistant Director of Planning 02r.
Date: June 17, 2024
Re: A Local Law in relation to "A Local Law in Relation to Amendments to Chapter 236
Stormwater Management"
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 ®��®f S® Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.s outholdtowirmy.gov
C®UNTi,�
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 Amendments to Chapter 236
Stormwater Management"
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 F s® P.O. Box 1179
54375 State Route 25 ®� �°®� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY g�g Telephone: 631 765-1938
www.southoldtow-rmy.gov
C®UNn
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 Amendments to Chapter 236
Stormwater Management"
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
�L
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 SEAR and PB comments
From:Terry, Mark<mark.terrv@town.southold.nv.us>
Sent:Thursday,June 13, 2024 3:52 PM
To: Rudder, Lynda <Iynda.rudder town.southold.ny.us>
Cc: Noncarrow, Denis<denisn@southoldtownnv.gov>; Lanza, Heather<heather.lanza@town.southold.nv.us>
Subject: RE: LWRP Comments
Lynda,
Here you go. Do you also need SEQR 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
i
From:Terry, Mark
Sent:Thursday,June 13, 2024 3:25 PM
To: Rudder, Lynda <Ivnda.rudder@town.southold.nv.us>
Cc: Doherty,Jill <lill.doherty@town.southold.nv.us>; Doroski, Greg<RreQ.doroski@town.southold.nv.us>; Krupski, Al
<alk@town.southold.ny.us>; Louisa Evans<Ipevans06390@gmail.com>; Mealy, Brian
<brian.mealy@town.southold.nv.us>; Noncarrow, Denis<denisn@southoldtownny.gov>; Norklun,Stacey
<Stacey.Norklun@town.southold.ny.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@southoldtownny.goy>;Johnson, Benjamin <beniamini@southoldtownny.gov>; McGivney,Julie
<iuliem @southoldtownny.�ov>
Subject: RE: LWRP Comments
Sent April 26' ...do you need another copy?
From: Rudder, Lynda <lynda.rudder@town.southold.nv.us>
Sent:Wednesday,June 12, 2024 2:03 PM
To:Terry, Mark<mark.terrv@town.southold.nv.us>
Cc: Doherty,Jill<iill.doherty town.southold.ny.us>; Doroski, Greg<Rreg.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 southoldtownny.g2v_>; 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@southoldtownny.gov>;Johnson, Benjamin <beniamini@southoldtownny.gov>; McGivney,Julie
<juliem@southoldtownny.Rov>
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
RECEIVED
JUN 13 M
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 Amendments to Chapter 236 Stormwater Management"
The "A Local Law in Relation to Amendments to Chapter 236 Stormwater Management" 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
i
RECEIVE® COUNTY OF SUFFOLK
APR 1 6 2024
EDWARD P.ROMAINE
Southold Town Clerk SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING
SARAH LANSDALE
COMMISSIONER
ELISA PICCA
CHIEF DEPUTY COMMISSIONER
April 16,2024
Town of Southold
53095 Main Road
P.O. Box 1179
Southold,NY 11971
Attn: Denis Noncarrow, Town Clerk
Applicant: Town of Southold
Zoning Action: A Local Law in relation to Amendments
To Chapter 235 Storm Sewer Systems; Illicit
Dischargers,Activities and Connections
A Local Law in relation to Amendments
To Chapter 236 Stormwater Management
S.C.P.D. File No.: SD-24-LD
Dear Mr.Noncarrow:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local
determination should not be construed as either an approval or disapproval.
Very truly yours,
By Christine DeSalvo
Theodore R. Klein,Principal Planner
Division of Planning&Environment
TRK/cd
H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,2nd FI■ P.O.BOX 6100 ■HAUPPAUGE,NY 11788-0099 ■ (631)853-5191
5d6dOc5a jennifer.mudd@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 The 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,
\ This 28 day of May 2024
�r r r r r r r r r
Digitally signed DOUGLASWREA
by doug las w rea Notary Public•State of New York
Date: 2024.05.28 NO.01RE6398443
13:58:44 +00:00 Qualified in Albany County
My Commission Expires Sep 30,2027
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN 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
an Amendment to Chanter 236,
Stormwater Management" now
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 proposed Local Law entitled,
"A Local Law in relation to an
Amendment to Chapter 236,
Stormwater Management" which
reads as follows:
LOCAL LAW NO. 2024
A Local Law entitled, "A Local Law
in relation to an Amendment to
Chapter 236, Stormwater
Management"
BE IT ENACTED by the Town Board
of the Town�of Southold as follows:
I PURPOSE - To allow the Town of
Southold to establish fees by Town
Board resolution.
The proposed Local Law is
available in its entirety on the Town
Website southoldtownny.gov or at
the Town Clerk's Office during
regular business hours.
DATED: APRIL 9, 2024
BY ORDER OF THE TOWN BOARD
DENIS NONCARROW
SOUTHOLD TOWN CLERK
I
Invoice �E`
i�lEW
I
MEDIA GROUP
Invoice number 52D6E722-0005
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 jennifer.mudd@town.southold.ny.us
PO Box 1500
Mattituck, New York 11952
United States
+1631-298-3200
Ibazata@timesreview.com
$64.37 USD due May 22, 2024
Pay online
Confirmation Id:5d6dOc5a
Description Qty Unit price Amount
Publication date:05/23/2024 1 $39.37 $39.37
QAC Affidavit 1 $25.00 $25.00
Subtotal $64.37
Total $64.37
Amount due $64.37 USD
52D6E722-0005 $64.37 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_5d6dOc5a.pdf
Ad Text:
LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN 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 an
Amendment to Chapter 236, Stormwater Management"now 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 proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 236,
Stormwater Management"which reads as follows LOCAL LAW NO. 2024 A Local Law entitled,'A Local Law in relation to
an Amendment to Chapter 236, Stormwater Management" BE IT ENACTED by the Town Board of the Town of Southold as
follows I PURPOSE-To allow the Town of Southold to establish fees by Town Board resolution. The proposed Local Law is
available in its entirety on the Town Website southoldtownny.gov or at the Town Clerk's Office during regular business hours.
DATED APRIL 9, 2024 BY ORDER OF THE TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK
52D6E722-0005•$64.37 USD due May 22,2024 Page 2 of 2
r ,
5d6dOc5a jcmifer.mudd@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 The 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.
ell/1,t-" cIc
Signature
Christina Henke Rea
Printed Name
Subscribed and sworn to before me,
This 28 day of May 2024
Digitally signed DOUGLAS W REA
by doug las w rea Notary Public•State of New York
Date: 2024.05.28 NO.OIRE6398443
13:58:44 +00:00 Qualified in Albany County
My Commission Expires Sep 30,2027
_ LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN 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
an Amendment to Chapter 236,
Stormwater Management" now
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 proposed Local Law entitled,
"A Local Law in relation to an
Amendment to Chanter 236,
Stormwater Management" which
reads as follows:
LOCAL LAW NO. 2024
A Local Law entitled, "A Local Law
in relation to an Amendment to
Chapter 236, Stormwater
Management"
BE IT ENACTED by the Town Board
of the Town of Southold as follows:
I PURPOSE - To allow the Town of
Southold to establish fees by Town
Board resolution.
The proposed Local Law is
available in its entirety on the Town
Website southoldtownny.gov or at
the Town Clerk's Office during
regular business hours.
DATED: APRIL 9, 2024
BY ORDER OF THE TOWN BOARD
DENIS NONCARROW
SOUTHOLD TOWN CLERK
Mudd, Jennifer
From: Mudd,Jennifer
Sent: Thursday, April 11, 2024 3:57 PM
To: Terry, Mark; Lanza, Heather; Michaelis,Jessica
Subject: FW: Emailing: Referral Form (2024-332).pdf, Referral Form (2024-333).pdf
Attachments: Referral Form (2024-332).pdf, Referral Form (2024-333).pdf
Please see attached for your review.
Thank you,
Jen
Jennifer M. Mudd
Sub-Registrar and Deputy Town Clerk
Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Phone: 631-765-1800 ext. 1274
Fax: 631-765-6145
-----Original Message-----
From: Mudd,Jennifer
Sent:Thursday,April 11, 2024 3:52 PM
To: ILL Referral Notice-Suff Co Ping (Plannin.ugpi9cmyw7vg0oku@u.b'ox.com)
<Plannin.ugpi9cmyw7vg0oku@u.box.com>
Cc: Noncarrow, Denis<denisn@southoldtownny.gov>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Born,
Sabrina <sabrina.born@town.southold.ny.us>
Subject: Emailing: Referral Form (2024-332).pdf, Referral Form (2024-333).pdf
Good Afternoon,
Please see attached.
Thank you,
Jen
Jennifer M. Mudd
Sub-Registrar and Deputy Town Clerk
Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Phone: 631-765-1800 ext. 1274
Fax: 631-765-6145
1
Your message is ready to be sent with the following file or link attachments:
Referral Form (2024-332).pdf
Referral Form (2024-333).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.
z
Appendix A- County Referral Form
Appendix A—Suffolk County Planning Commission Guidebook
- -Suffilk
County Planning Commission
Submission CoverPorm. For'Planning • 1 1 " Referrals
Municipality: Town of Southold
Hamlet:: Local Case Number: 2024-333
District: Section%:. Block: Lot: Local Meeting Date: 04/09/2024
Application/Action Name: Ch.236 Stormwater Management Public Hearing: ® Yes ❑ No
jtelerYinst AsienG"v: typo of Referral; sEQRA,Actioni
❑Planning Board or Commission ❑New ❑EAF ❑Draft EIS ❑Positive Declaration
❑Zoning Board of Appeals ❑Expansion ❑Lead Agency ❑Final EIS ❑Negative Declaration
®Town Board/Village Board of IR Modification ❑Draft Scope ❑Findings
Trustees
Brief description of application or proposed action: Amendment to Chapter 236 Storm Water Management_
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
IN Code Amendment ❑Area Variance
❑Official Map ❑Special Use Permit/ExceptioniConditional 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 ®No (If yes,Date )
• Adjacent Municipality Notified(see NYS GML 239 nn) ❑Yes Gd No ❑N/A
Located Within Long Island Pine Barrens Zone ❑Yes ig No
• Workforce/Affordable Housing ❑Yes IN No ❑N/A
Energy Efficiency ❑Yes ®No ❑N/A
Zoning Board of Appeals Approval ❑Yes ®No ❑N/A
Suffolk County Department of Health Approval/Comments ❑Yes ®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 ❑N/A
• Suffolk County Sanitary Code Article 6,Groundwater Management Zone- 131 ❑II ❑III ❑IV ❑V ❑VI ❑VII ❑VIII
Contact Information
Municipality Contact Name:, Albert J.Krupski Jr.,Supervisor
Department/Agency: Town of Southold
Phone Number: 631-765-1800 Email Address: denisn southoldtownny.gov
Applicant Contact Name;. Denis Noncarrow,Town Clerk_
Applicant Address: 53095 Main Rd., PO Box 1179,Southold NY 11971
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN 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 an Amendment to Chapter 236, Stormwater Management"now
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 proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter
236, Stormwater Management" which reads as follows:
LOCAL LAW NO. 2024
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 236,
Stormwater Management"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I PURPOSE
To allow the Town of Southold to establish fees by Town Board resolution.
II. AMENDMENT
§ 236-1 Title.
This chapter shall be known as the "Stormwater Management; Erosion and Sediment Control,'
a 11heit D—isehar-ges Law."
§ 236-2 Statutory authorization/and conflicts with other laws.
A. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home
Rule Law to promote the public health, safety and general welfare of Town citizens
through land use regulations intended to control flooding, erosion or sedimentation within
the entire Town.
B. Conflict with other laws. In their interpretation and application,the provisions of this
chapter shall be minimum requirements adopted for the promotion of the public health,
safety and welfare. Whenever the requirements of this chapter are at variance with the
requirements of the T.T York State Department of Envir-emnental r - +' - SPD
general
from race s (G-v 02 m) as amended or revised, andtheeeffe-spending regulations, of
related laws,the most restrictive or that imposing the highest standards shall govern.
It is hereby
volumes, flooding, +ream 1, 1 '
organismssiltation of aquatie habitat for-fish and other- desirable speeies, and may adversely affeet
aqHafie through „aQ
of native vegetafien o
ir-faees allow less water-to pereelate into the soil, thereby derar-easing
„a< .,+P
reeharge and flow;
F. SubstapAial eeonomie lesses ean r-esult from these adverse impaets on the waters of the
ininimized t4ough the regulation of stermiAuter-runoff from land developffieRt aetivities�,
14. The regulation of stoffnwater-runoff disehar-ges ffem land development aetivities in or-d
with steFmwater runoff is in the publie interest and will minimize dffeats te publie hea4h
and s
L Regulation of land developmetA aetivities by means of perfefmanee standards gover-nifig-
stermwater-management and site design will produee development eompatib! with the
R a! funetions of a paftieular- site or- an ei4ir-e water-shed and thereby mitigate the
adverse eff-eets of erosion and sedimentation from develepmeRt; and
sub
§ 236-43 Purpose.
It is the purpose of this chapter to promote and protect, to the maximum extent practicable, the
public health, safety and general welfare by i-}-establishing minimum stormwater management
requirements and controls.. i•` regulating nonste.mwate:diseharges to the munieipal separate
stefm sewer- system (N494)to the mffldmum eiaent praetieable as required by federal and state
law; and iii) establishing methods for-eentr-olling the int-Fe"etion of pollutai4s ii-Ae the N4S4 ifi-
order-to eamply with r-equir-ements of the Now York State DepaAmei#of Ein4ronmental
Conservation State Pollutai#Diseharge Elimination System (SPDES) general permit for-N4S4;.
The objectives of this chapter are as follows:
A. Minimizing soil erosion, sedimentation and stormwater runoff;
B. Controlling, restricting or prohibiting activities which alter natural drainage systems,
floodplains, stream channels and natural protective features, including, but not limited to,
wetlands, bluffs, dunes, beaches, natural protective features, which contribute to the
accommodation of floodwaters and retention of sediment;
C. Controlling, restricting or prohibiting land use activities which increase nonpoint source
pollution due to stormwater runoff and/or which result in discharge onto public lands,
neighboring properties or natural protective features;
D. Assuring that land and water uses in the Town are designed and/or conducted using best
management practices to control flooding, stormwater runoff and minimize stormwater
runoff from discharging onto public lands, neighboring properties or natural protective
features;
E. Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking
water supply and minimize saltwater intrusion.
F. Meet the requirements of minimum eei4w!measufes 4 and 5 of the SPDES general
raA from n+unieipal separate
(N48 4 s), Permit No. GP 02 02, or-as amended or revised;
G. Require !a-ad development aetivities to eonferm to the substantive r-equir-emelAs of the—
Ll Y CLL1V g permits
(QP n 10 00 ) or as amended or soa•
7
York, and streambank erosion and maifAaia the integrity of stream ehannels;
L Minimize inereases in pollution eaused by stoFm:water-runoff ffem!and development
aetivities whieh would other-wise degrade loeai water-14. Minimize inereases in stormwater-runoff from land development aetivities in order-to
pollution,j. Minimize the total annual velume ef steFmwater-runoff whieh flows from aff speeifie
site during and following development to the ma-mitnum e?AelA praetieable-
L. To regulate the eontributioll of pollutants to the N494 sinee sueh systems are not designed
to n pt7 r, r disc ar-ge r �-.v nsto .t ater_ti znnfpL 7
x�Y. prohibit i11iF.l-t eviax@EtiA'irra'CttvitieS-and rcrri crrcr-gwzo-tillc-rvzn4,
N. To establish legal authority to eaffy out all inspeetion, sun,eillanee and monitor-ing
^ 0 eomplianee with this Chapter; an
Q. To promote publie awar-eness of the hazards involved in the improper- diseharge of-
trash-,-
yard
waste, lawn 7 pot waste, 7 grease, 7 petroleum 7
products,eleaning paint 7 hazardous waste,
sediment and other pollutants into the
§ 236--54Definitions.
Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have
the meanings as herein defined. Any word or term not noted below shall be used with a meaning
as defined in Webster's Third New International Dictionary of the English Language, unabridged
(or latest edition).
AGRICULTURAL PRODUCTION - The production for commercial purposes of crops,
livestock and livestock products, but not land or portions thereof used for processing or retail
merchandising of such crops, livestock or livestock products. Land used in agricultural
production shall also include fences, equipment storage buildings, livestock barns, irrigation
systems and any other structures used exclusively for agricultural purposes.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of
all plants and animals useful to man, including but not limited to forages and sod crops; grains
and seed crops; dairy animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids
thereof, including the breeding and grazing of any or all of such animals; bees and apiary
products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral,
ornamental and greenhouse products; or lands devoted to a soil conservation or forestry
management program.
HYDROLOGY FROM PRE TO POST DEVELOPMENT CONDITIONS
y.�,tp1.y.L�ep.]]e.�(.�.pr..L1.�e..t�..e........,.. .».el�(.,) ....., ..._._.....,_d ..y-'-"'- ------- -hundred
� - -1- ---1- rr- developed
eandiL1V11 fo the design ^T interest
ote n (e.g.,
P to yeaf
and one
Nu lYrel1 yew).n '
A RP I! ANT TL. 1 1 +'+I. ,L ' 1, 1 . ono t fty o I.hic
o [7GI.1C)II. CICZ so2ZTo1-SCgCC!-LT1LrC'O i{'TITGZr-ef0%7 C7'I-ICGG7��J�lil-PT0�7J<1 Ly Vll YY111�
tnht
trh
el
sh
l 7
ti1ry eifie do
BEST MANAGEMENT PRACTICES (BMPs) Schedule of activities,prohibitions of
practices, general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the ,aisehar-^o ^�
7
7
4
site 7 spillage er-leaks, sludge or-water disposal,
or-drainage from raw mater-
ster-age.stormwater runoff, retain valuable topsoil and minimize water pollution.
BUILDING -A structure wholly or partially enclosed within exterior walls, or within exterior
and parry walls, and a roof, affording shelter to persons, animals or property.
BUILDING INSPECTOR-The persons(s) appointed by the Town Board to enforce the
provisions of Southold Code Chapter 280 and this chapter.
CHANNEL A natural or aAifieial water-eourse with a definite bed and banks that eenduets
CLEAN FILL -Naturally deposited earthen material from an approved upland borrow source.
CLEAN WATER ACT-
Fe-d-e-r-al Water Poiltition Control Aet (33 U.S.C. § 1251 et seq.) and any subsequent
amendments thereto,
CLEARING
Cutting down, felling,thinning, logging or removing, killing, destroying, poisoning, ringbarking,
uprooting, grubbing or burning vegetation, severing, topping or lopping branches, limbs, stems
or trunks or substantially damaging or injuring in other ways that would cause or contribute to
the death or affect the survivability and growth of vegetation. This definition also includes
removal of dead and dying vegetation.
COMBINED SEMWR
As€we-rgiat is designed to eolleet and-cerFve-y-both "sewage"and sten ter."
COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES
The initial disturbance of soils associated with clearing, grading or excavation activities, or other
construction-related activities that disturb or expose soils, such as demolition, stockpiling of fill
material, and the initial installation of erosion and sediment control practices as required by the
approved Stormwater Management Control Plan .
CONSTRUCTION
The siting, building, erection, extension, or material alteration of any structure,the use of which
requires permanent or temporary location on the ground, as well as the installation of any
hardened surfaces at or below grade.
CONSTRUCTION ACTIVITY
Activities involving land disturbance of 5,000 square feet or more, including disturbances of less
than 5,000 square feet that are part of a larger common plan of development that will ultimately
disturb 5,000 or more square feet of land, excluding routine maintenance activity that is
performed to maintain the original line and grade, hydraulic capacity or original purpose of a
facility. All construction activities include but are not limited to clearing and grubbing, grading,
excavating and demolition.
DEDICATION
The deliberate appropriation of prepefty by its owner-fer-geiier-al publie use.
The New York State DepaFtment of EiwirewnepAal GenseEvation.
The Now York State StoFmwater-Management Design Matyaal, most r-ceent version inel'ading
applieation updates, that serves as the effieia4 guide for stennwater-management pr-ineiples,
methods and r ae fi es 1 Y engineer
1 / N 1
AI York State 1 .] ofe a Yfg neer 1 1; oil ;teet
DEVELOPER
A person who undertakes land development activities.
DEVELOPMENT
Any man-made change to improved or unimproved real property, including but not limited to
any construction activities, the construction of buildings or other structures, creating access to
and circulation within the site, clearing of vegetation, grading, providing utilities and other
services, parking facilities, drainage systems, methods of sewage disposal and other services, and
creating land forms. Development also includes significant alteration of natural resources in
preparation for development, such as the dredging or filling of wetlands, ponds or other natural
drainage areas.
DIRECT DISC-14ARGE (TO A SPECIFIC SURFACE WATER BODY)
That r-uneff fiews from a eenstraetien site by ever-land flew and the first point of disehar-ge is the-
speeifie surfaee water body, or-i:uneff flews from a eonstr-uetien site to a separate storm sewu
system and the first point of diseharge 4om the separate stefm sewer-system is the speeifie
r„r f ee water body.
DISCHARGE
To emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the
natural course of that liquid which existed prior to the disturbance of the natural state of the land
upon which it flowed, if any.
DRAINAGE SYSTEMS
Includes gutters, swales, pipes, conduits and superstructures (e.g., dry wells, sumps, berms, etc.)
for the collection and conduction of stormwater to an adequate facility for its storage and
disposal.
EROSION
The wearing away of land as a result of the action of natural forces or man-related 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."
EROSION, SEDIMENTATION AND ST0104MIATER RUNOFF CONTROL PL-4
A drawing shewing the proposed use of the site and the methods,teehniques and
both dufing and after- eenstfuetion, that�A411 be empleyed to eentfol erosion, sedimei4afioa and
stermwater ruaeffl, whieh shall employ best Management praetiees. A4iery the natwe of the
existing conditions and proposed aetivities waffant,the Building hispeeter-may require that si
plan be prepared by a design professiona4 lieensed in the State of Now York.
EXCAVATION
The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling,
cutting, scooping, or hollowing out.
FILLING
The deposition of natural or artificial material so as to modify the surface or subsurface
conditions of upland or underwater land.
FINAL STABILIZATION
That all soil disturbance activities have ceased and a uniform,perennial vegetative cover with a
density of 80% over the entire pervious surface has been established, or other equivalent
stabilization measures, such as permanent landscape mulches, rock riprap or washed/crushed
stone have been applied on all disturbed areas that are not covered by permanent structures,
concrete or pavement.
GRADING
The excavation, filling or alteration of the surface or subsurface conditions of land, lakes,ponds,
or watercourses. ��
HAZARDOUS MATERIALS
zny mat�elud yL'ing any waste, eombination
thereof-,
f whiehbeeause
f it
> >
health, or-
,
> disposed of-,
or other-
!LLIC-IT CONNECTIONS
Any-do or--eoiiveyanee whether- err the s ee-or- substffgaee, which allows an illegal
A. Any eenveyanees „hie whieh allow any ste atoY discharge . el„a, g treated
e
allowed,and wash water-to ente. 149 4 and a" eefmeefien to
the stonn drain system fiam indoor drains and sinks, regardless of whether- said drain or-
eenneetion had been Previously
permitted, or approved by an authorized enfer-eeme
ageney; of
B. A drain ,.e neete to the N4S4 <,.b,ie has not boor rl..e merAe l i Y lwls _
-_ ____ _, ______ ___-_______ __ ___ _.-._ _ ______ Zl-CLV<U111VllltU 111 i lUll
niaps
7
ILLICIT DISCHARGE
Includes but is not limited to discharge of solid waste; human and animal waste; antifreeze, oil,
gasoline, grease and all other automotive products; flammable or explosive materials; metals in
excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally
found in uncontaminated water; solvents and degreasers; painting products; drain cleaners;
commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis;
ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated
swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal
carcasses; food and food waste; yard waste; dirt; sand; and gravel. 11ke t dise ar es ,,,hide any
prohibitions) andler as y€fmitted by the Tee-
IMPERVIOUS SURFACE
Any surface exposed to stormwater from which water runs off and cannot pass through,
including but not limited to structures, paving, paving blocks, bedding material, packed earth,
treated surfaces, roof structures,patios, decking, stoops, porches, and accessory structures.
INDIVIDUAL SEMIAGE TREATMENT SYSTEM
A faeility seyving one or-more par-eels of land or-residepAial households, or- a pFivate eemmerei
or-institutiena4 faoility, that treMs sewage or-other- liquid wastes for- disehar-ge into - ,
gr-etmdwater-s of New York State, exeept wher-e a pefmit for-sueh a f4eility is required under-th
app1' b.l of Aftiele 17 of the Enyir-enmepA l (r...-ser-.nti o T
e�Eeept-
eenstruetion, GP 94 03 as amended or revised-.
A State PollutaiA Disehar-ge Elimination System permit issued to a Gommer-eial industry or group
of indust-Fies whieh regulates the pollutant levels asseeiated with industr-W stem+w
d eh
INFILTRATION
The preeess of per-eel.,ting st.,miw ter into the subsoil.
soi
XUPdSDICTIONAL WET-LAND
An area that is inundated E)r- satufated by surfaee water- or gr-eundwater at a fr-equeney a-ad
dufation suffirsieRl to support a prevalence of vegetatien typioally adapted for life in saturat
soil eandit'ons, eemmenly known as 21,.4Y phytievegetation."
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 5,000 square feet unless determined
otherwise by the Department or the Town of Southold, 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.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE
A contiguous area where multiple separate and distinct construction activities are occurring, or
will occur, under one plan. The term "plan" in "larger common plan of development or sale" is
broadly defined as any announcement or piece of documentation(including a sign, public notice
or hearing, marketing plan, advertisement, drawing, permit application, State Environmental
Quality Review Act [SEQRA] application, zoning request, computer design, etc.) or physical
demarcation(including boundary signs, lot stakes, surveyor markings, etc.) indicating that
construction activities may occur on a specific plot.
long-
termMAINTENANCE AGREEA4FNT
v.+nnanee of stet-m«rater agemerA_pr-ae,}iea�
vrrc rr uv�rvvu.
MUNICIPAL PERMIT
Any permit, grant, approval, license, certificate or other authorization issued by the Town of
Southold, including but not limited to permits for building, grading, demolition, clearing and
excavation and subdivision and site plan approvals.
basins,MUNICIPAL SEPARATE STORM SEMIER SYSTEM (1%4S4)
,
man made ehann
beat r-mVs or-storm drains and other-MS4 eonlr-el systeny+-.
A.rOwned or- operated by Town fSouthold, state, , nt , or- ;Vane
B. Designed o used for eelleeti g AY eenyo ing sterm<, ater-.
r; and
D. Aq:i 1, is + r+ F a bl' l< wA%ed+. ..+m nt works (POT- g as aofiroa at n 0 GF
NATURAL DRAINAGE
The stormwater runoff patterns resulting from topographical and geological surface conditions,
prior to clearing, regrading or construction.
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, bluff, dune or wetland and the vegetation thereon.
NATURAL WATERCOURSE
The route formed by natural processes, topography and geology leading to a natural watershed.
NATURAL WATERSHED
An area of land which, in its natural state and prior to any man-made change, and due to its
topography and geology, drains to a particular location within that area.
NONPOINT SOURCE POLLUTION
and shall inelude, but not be limited > >
disposal, residepAial,
NONST-ORA4WATER DISCHARGE
ONE-HUNDRED-YEAR FLOODPLAIN
The land area subject to the highest level of flooding that, on the average, is likely to occur once
every 100 years (i.e.,that has a one-percent chance of occurring each year), as said level is
shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the
Southold Town Building Department.
PERVIOUS SURFACE
A pervious surface is one that has the ability to be readily penetrated by stormwater or other
runoff. Pervious pavement mixtures contain little or no fine particles creating a substantial void
content while still maintaining its structure integrity. Aggregate materials typically consist of No.
1 or No. 2 rounded "rocklike" fragments using sufficient approved cementitious materials,paste
or bonding agents to permanently fasten aggregate particles together to create a system of highly
permeable, interconnected voids that freely drain. Typically, between 15% and 25% of
interconnected voids are required for consideration as a pervious pavement. The now rate of
water through pervious surfaces is typically around five gallons per square foot per minute or
higher.
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-
Dredged spoil, fiker > ,
garbage, sewage sludge, mtmitiens, ehemieal wastes, biolegiea4 materials, radioaetive materials,—
a-ad ballast disehar-ged into water-, whieh may ight reasonably be expeeted to eause
pollution of the waters of the state in eentr-a-vention of aw standards.
POLLUTANT OF CONCERN
Sedimei4 or-a water quality measufement giat addresses sediment (aueh as teta4 suspended
solids,tufbidity or- siltation) and m�, ather-pollutant that has been identified as a eause of
—pa—ent of any water body, sueh as pathogens, phosphorous, homT metals or-dissolved
exygen that will reeeive .. disc a from the !and development aetiy;+.r
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including
adjacent sidewalks and parking strips.
PROJECT
Land development activity.
QUALIFIED INSPECTOR
sueh as a lieensed prefessieaa4 engineer-, eei4ified professional in erosion and sediment eentr-ol
((;PESO), registered Y lands ape .,,.eWteet, �other- Depa +moi+ endorsed;,,,a;.r;,au lisp
�
Department'sQUALIFIED PROFESSIONA
tfeatment, sueh as a lieensed professional engineer-, registered landseape afehitea or-other
pr-ineiples of hydrology, water-quality management pr-aetiee design, water- quantity e0131fol
design, and, in many eases, the pr-ineiples of hydr-aulies in order-to prepare an S)XLPPP 4iat
eenfefms to the
pr-aetiee of engineering, as defined lay the New York State Edueation Law(see Arliele 145), s
be prepared by, er-under-the direet „Yn , Yfofessional engineer- r
the State of New Ye.nk
The r-oplenishment of nde „rl water
RESPONSIBLE PARTY
Owners and occupants of premises, applicants for municipal permits, and any other person or
entity contributing to an act regulated by this chapter.
SEDIMENTATION
The processes that operate at or near the surface of the ground to deposit soils, debris and other
materials either on other ground surfaces or in water channels.
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.
SITE PREPARATION
The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate
construction or other use of the land.
MINArTION
SYSTEM (SPDES) GENERAL
CT STATE POLLUTANT T1TC!''L7 A A!''Ti Ti 7 T11V1 �
iExmaz-=FOR CONSTRUCTION ACTIVrrrl7crvr—o—ro 001
A permit tmder-the New York State Pollutant Diseharge Ekminatien System (SPPES) issued te,
developers of eonstruetion aetivities to regulate diswrbanee of one or more aer-es of land.
SPECIAL CONDITIONS
A. Disehafge eemplianee with water-quality standards: The eendition that applies Where th
Tov�%of Southold has been notified 4iat the disehar-ge of stofmwater authorized under-its MS4
pefmit may have eaused or-has the reasonable petepAial to eause or- eepAr-ibute to the vielation 4-
an applieable water- quality standard. Under-this eendition,the Town must take all neeessa.-y
st
i
G. Total mwdmum daily load (T-N4DL) strategy: The eendition in the program must ensure - - . )f the listed pellutant of eoneem to the 3 03(d) listed .._1_
by the EPA for-any water-bod�, or water-shed into whieh an MS4 diseharges. Under-this
eent-r-ol of stormwater-disehar-ges. if an MS4 is not meeting the TN4DL stor-mwater-D. The eonditien in the Town's MS4 permit that applies if a TNIDL is approved in the ftitufe
the To-A%must, within six months of the i
s approval, modify its steFmwater management
program to ensur-e that r-eduetion of the pollutant of eoneem speeified in the T-N4DL is aehieved-.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STATE POLLUTANT DISC-MARGE ELIMINATION SYSTEM (SPDES)
The system established pufsuant to Artiele 17 of the EGL and 6 NYC;RR Part 750 for-issuanee-4
pefmits authorizing disehar-ges to the waters of the state.
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 pollutants of concern or toxicants
than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and
mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT CONTROL PLAN
The plan required by the Town to comply with the provisions of this chapter. For the purposes of
this chapter, a stormwater pollution prevention plan, when required by the Department's
regulations, will qualify as a stormwater management control plan.
One or- a set:ies of ster-mwater-managemei#pr-aetiees installed, stabilized and operating for-the
puTese f eontT-oll:,-,., stofmwMer-runoff-.
STORAIWATER MANAGEMENT OFFICER (SA404
ST-ORAIWATER MANAGEMENT PRACTICES (SA"
Measur-es, either stfurstur-al or-nenstr-uettffal, that are detefmined to be the most effeetive,
pr-aefieal means of preventing flood damage and preventing or-reduraing point setffee or-nenpoint
seufee pollutioninputs to stormwater runoff and water-bodies.
S TllRl 4W A T- A POLLUTION UTION PREVENTION PLAN N (SMTPPP)
A plan for-eonlrolling stom+water-r-unoff and pollutants from a site dufing and after eonst-ndetion
.+;<,;t:
�T
STORMWATER RUNOFF
That part of stormwater that flows over the land surface.
SPDES GENERAL PERMIT FOR STORMWATER DISC-14ARGES FROM MUNICIPAL
A pei+ait under-the Now York State Pollutant Disehar-ge Elimination System (SPDES) issued t&-
United States Em,irenmenlal Pr-otection Ageney (EPA) established water- quality standards
STRIPPING
The process of mechanically scraping away topsoil.
STRUCTURE
Any object constructed, erected, installed or placed on land or in water, including buildings,
sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto.
ponds,SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ,
estuaries, wetlands, marshes, inlets, eana4s, the Atlantie Oeea-a within the teffiter-ial seas of the
State of New York and all ether bodies of suff-aee water-, natwal or- > inland or eoastal—,
systems,fresh or-salt, publie or-private (exeept these pr-i,ate -m—s that do not eom-bine or- efket a
junetion with natwal suff-aeo or unii _ tter-s), whieh are wholly or partial!),within or
bordering the state or within its jurisdietion. Storm sewers and waste tfeatmepA
ineluding treatment ponds or-lagoons w-hieh also meet the oriteria of this definition are not water-&
of the state. This exeiusion applies on!),to man made bodies of water w-hieh neither-were
ei:iginally ereated in waters of the state (stieh as a disposal area in wetlands) nor resulted from
800 t on i
TEMPORARY STABILIZATION
That exposed soil has been covered with material(s) as set forth in the technical standard,New
York Standards and Specifications for Erosion and Sediment Control,to prevent the exposed soil
from eroding. The materials can include, but are not limited to, mulch, seed and mulch, and
erosion control mats (e.g.,jute twisted yarn, excelsior wood fiber mats).
303(d) LIST
A list of a4l sur-faeo waters in the state for-whieh benefieial uses of the water (drinking,
+i, r� ,t t , o,,,,, bybyroa �o +: ,,, �n'lra� �,+ a ria,,,�xL n .t c«tinn�n3(d) l;�+oa
waters are estuafies, bays, ereeks,4akes and streams that fall shoFt of state suffaee water-quality
standards and a of ex-peeted to iffipr-eve Within the fl xt t,Vo
TOPSOIL
The uppermost layer of soil, usually the top 15 to 20 centimeters, it having the highest
concentration of organic matter and microorganisms, and where most of the Earth's biological
soil activity occurs.
training, the trained eeplfaeter- shall r-eeeive fe�houfs of training every 4ffee yea
MIASTEWATE
Water-that is not steai+water, is eontaminated with pollutants and is or-will be
water eonsen,aioa distFiet or-other-Depai4ment endorsed entity. After r-eeeiving the initial
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which
gathers or carries surface water.
Sueh measures of pufity or- qualit�, for-m�, waters in relation to their-reasonable and necessary-
use as „lgate.l in 6 RTvrnn Part Inn et
MIATERMLAY
§ 236-65 Applicability and prohibitions.
This chapter shall apply and a Stormwater Management Control Plan shall be a condition to
all preperty building permits issued which include any of the restricted activities identified
at 236-10 herein within the Tey, of So t and shall govern:
A npplieahilit.,
(4-)A All grading, drainage and erosion control, whether- or- of n ermit; required;
(2)11 All new or replaced impervious surface and all land development activities, _'' —
.t n permit; requea.
(3)C. All discharges directly or indirectly to a highway or public right-of-way, public drainage
control system, neighboring property, wetland or public waterway; and
(4ID. All new and existing land uses within the Town.
(5) Ail water-eftter-ing the MS4 gonerated on ai:*, developed and undeveloped lands unless
explicitly emempted by an authorized enter-eeme,+t n
B. General prohibitions. The following ing item. n thi �l under-this ehapte •
, e not a„ erze 11LL LL...
Disehar-ges after-land development aetivities have been eempleted and the site has
under-gone final stabilization.
1(2) Disehar-ges that are mixed with seurees of nonster-mwater other-than these authorized i&*
236 25A(1) of this ehapter and identified; an SIAEPpp required by this ehapte
11LL L....
(3) Diseharges that are required to ebtain an individual SPDES pefMit or-another SPDES
general permit by the Department
(4) D ehn en fre land .le elA ,,t aetiy t,es that adder eh af-et a listed,ll or ro oseu L
U 11J LVli. Vl V1V1./VJ� o-
n m tI y,me n 1
be listed, endangered or threatened speeies, r its er-teal habitat.
(5) D he .hieh either- eor- ,trih„te to Violatio efwater-quality standards
phase(6) Land development aefivifies for-residential, eemfner-eial and insfittAiona4 projects that
distufb one or-mer-e aeres of land with ne existing impen,ious e-ever-and where the soil slope
is idei#ified as an 17 r F on the TTCTIA soil sufyeyfor- Suf-1L Ge nti.
slope-
phase is identified as an 1: or F e,,, the USDA A soil survey for- Suffolk Geu t�
(8) Land developfnei#aetivities that adversely affeet a pr-epeAy that is listed or is eligible
listing on the State or-National Register of Histerie Plaees, unless there are Nwitten-ag-reements in
plaee with the New York State Offiee of Parks, Reer-eation and Hister-ir.Pr-eservatieii(OPRHP+
or-other-gover-mmental ageneies to mitigate the effeets or-there are leeal !a-nd use approvals
ide g the
§236-6 Discharges
All discharges within the Town are subiect to this subtitle unless explicitly exempted.
Conduct exempted from this subtitle include activities necessary for the conduct of
agricultural uses in connection with a bona fide agricultural operation.
sediment eontr-ol.
A14 land development arativities shall be subjeet te the following per-for-manee and design or-iter-
A. Ail land disturbing arstivities or-the addition or r-eplaeemeat of impervious surfaeos s
§ 236 7 Per-fer-manee and design er-iter-ia for-stor-mwateF management and erosion and
even where approval of the Stermwater-ManagemerA Offleer is not required
rider-this ,.haptar,
B. Teehnieal standards. For-the purpose of this ehapter-, the following doeuments shall serve
pr-aetiees that are designed and eenstraeted in weer-danee with these teehnieal doeuments shall
be pr-esumed to meet the standards imposed herein-;
(1) The Now York State Stermwater-Management Design Mantial (New York State
hereafter-
referred to-as-the "Design r an„ n 1 l
(2) New York StanElar-ds and Speeitioations for-Erosion a-ad Sediment Gentrel (Empire St
Chapter-of the Sol and Al ter Censetwation Seeie
7 2004, iiiest euffent version or its sueeesser—,
hereinafter-r-e-€eFred to as the "Erosion Gent-fe Manual").
!r T.`.. No e to teeh . al standards. Where stenawater management r etiee of;
�L11VLll�Jl{AV LIV VJ LL1V 11V4 111
standards,
the applieant or-developer-must demenst-fate equivalenee to
and the SAIPPP shall be prepared by a design
D. Water- quality standards. Any land development aetiyi+<r_shrill not n +r;bute+.� n
�'wuLalvuLV Lv .,.
vielation of water-,quality standards as eentained in PaFts 700 tIffeugh 705 of Title 6 of the
Offieial Compilation of sueh
7 Rules and Regulations of the State of New York, '
(I-) There shall be.in_6 inerie-ase in turbidity that will result in substantial visible eontr-ast ta-
,, 1 eenditions in suffaeo waters f the State f-N v 1 .
7
(2) There shall be ne iner-ea i led, eelloidal or settleable solids that will eause
deposition oimpair-the waters awit best an
usages;
Pi There shall b no residueft oil .a FI +' 1, + n o�or visible oil film no
globules of grease.
§.236-7 Prohibited Discharges.
The following discharges are prohibited:
A. Discharges to public highways and rights-of-way.
I3:.. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other
natural protective features as defined in Chapter 275 of this Town Code.
C. Discharges from private properties to adjoining properties,without express
permission.
D. Discharges to public drainage control systems and networks,without express
permission.
E. Discharges of illicit liquids to any of the areas listed above and any other area within
the Town, except in accordance with facilities approved for the handling of such
materials by the Town, County and/or State.
The Tev,%Bear-d shall designate Stennwater-Management Offieers by resolution. The
gtormwater-A i m _Offie0Y[� stall have the f ll •21tNh n 11V11L
„t ;+.,
0 n' 0„+
A T aeeep+ .1 review 11 t. n+o 11u+;e pr-e zeiA plansr,a e pl.,
.�' approve
to the ., ,nl F as ,munieipal L o^r.l
Beard,B. Upon appr-eval of the Town engage the scr=,zccs ox-iregistered professional
-. to review plans, speeifleations and related doeumepAs and for- sueh eests to be paid by
the applieant.
C; Aeeept the eeftifioation of a qualified professional that the plans eonfoFm to the
pffils of this ehapter,
§ 236-8. Requirements for all Stormwater Discharges.
For all stormwater discharges, responsible parties shall implement and maintain
operational source controls to include but not be limited to:
A. Installation of drainage control structures to contain and recharge all run-off
generated by development.
B. Maintaining private roads, streets, driveways, parking lots and walkways.
C. Identifying and eliminating unauthorized connections to Town Drainage Control
Systems and Public Right-of-Ways.
D. Maintaining and protecting Natural Drainage patterns.
E. Maintaining and protecting Natural Watersheds.
(1) The applieatA er-developer of ffi-,y laBd development aetivity proposed under-this ehapter-,
> at all times,
proper-!), oper
and maintain all faeilities and systems of trcatmopA and eontrol (and related appurtenanees)
ohapter, Sediment shall be r-emoved fr-orn art), sediment traps or sediment pends whenever-th
design eapaoity has been redueed by 50,%.
r land e , , the „g1Zla CG11L Jll{A
ll
have a qualified professional eenduet site inspeetions and doeument the eff-eetiveness of all
er-esion and sediment eei#Fol praefiees every seven days. inspeetion reports shall be Maintain
in a site log book.
(3) For-land developmetA aetivities regulated under Ar-tieles 11 and,ler-M,the applioaRt or
developer-or their representative shall be on site at all times when eonstiuetien or- gr-ading
eoi+r 1 r +'.
regulated under Aftiole M that has a stermwater management faeility as one ef th . .B. Maintenanee easements. Prior-to the issuanee of any appreval for-those aetivities
the applieant or developer-must emeeute a maintenanee easement agreement that shall be binding-
on all subsequent landowners served by the stoFmwater-managemei#faraility. The easemepA shall
provide fer-aeeess to the faeilit�, at reasonable times for-per-iodie inspeetion by the T-ov,%of
SatAhold to ensufe that the faeilky is maintained in proper-working Gondition to meet design
standar-ds'and any other-pr-ovisions established by this ehapter. The easement shall be reoer-deE�-
b. the applieantor-developer- ., the off. e F the County G l er-k after- the T`!iv v'ul1 b.airh�
� o �v n"v �:m
A� ..
ge1<1L eepAr-ol plan
aeeer-danee with sueh plan. The plan may be medified by mutual agreement regulated tmder-Aftieles 11 and/or-M to detafmine that the work has been oompleted in
installatien, the Stemi-water-Management Offieer- deems that the installed measures are not
adequate to meet the pqr-formanee standar-Els or-if altematives would better-meet the Gode
ei4s. If no agreement is r-eaehed, the Stermwater Management Offieer-may require the-
eomplianee with thisr
maintenam-ee kneludes, at a minimum, the following—
(1) A pr-eveRtive/eaeffeetive maiRlenanee program for-all er-itiea4 faeilities and systems of
4eatmeRt and eefAr-ol (or-related apptfftenanees) w-hieh are installed or used by the,owner-ef-
operator to .,ehie, e the ,,, a4s of this ehapter,.
• �e�se :
quality standard violations in aeeor-danee m4th AT-tiele 1 of tWs rahapter, § 236 7D Water- qua4it�-
sus
elear-ing, e?Eeavation of development of land in violation of this ehapter shall be raefFeeted
foA4i-with after-mTitten notiee by the Stofmwater-Management Offleer, in the event that
eefreetive aetion is not taken as dir-eeted within a reasonable time,the T-eval may, at its evffi
emzpease,take eeFfeetive ae4ien te restore the proper:[), or-initiate legal aetien against any
per-son undertaking land development aetivities regulated tmder-Aftieles 11 and/er-M to preve
unlawful or-unauthorized aetivity. The eest of r-estor-atien shall beeenle a lien upon the preperof
E. Resteration. For land development aetivities regulated under-Artieles 11 and/or-M, at+)-
a deed r-estfietion on the pr-epelty prior-to final plan approval-. I
$ 236-9. Requirements for all Land Disturbing Activities or Impervious Surfaces.
All land disturbing activities or addition or replacement of impervious surfaces shall
provide temporary and permanent construction controls, and shall be required to contain a
2" rain fall on site, even where a Stormwater Management Control Plan is not required
under this Chapter. All applicants for municipal permits shall demonstrate to the
satisfaction of the Building Inspector that the proposed activities can meet this standard,
either by the installation of gutters, leaders, drywells or other measures, prior to the
issuance of such a municipal permit.
The follov4ag aetivities shall be exempt ffem r-eview under-this ehapter-anless the Departmei#E)r-
S A M.I as draining into the MS4 and subsequent!), disehar-ges iRte the suffaee waters of the
tale dir-c,+l,, r+1,r,,ug other-N4S
A n l+ 1 r-.,ll,,etio as defined ., thisehapto a +b.' eme rtio doe +
-
B. ' Routine maintenanee aetivit4es that distwb less gma 5,000 square feet a-ad are per-fefmed
to maintain the original line end grade, hydra-ulie eaparaity or or-igina4 puTese of a faeility.
G. Repairs J+ + ater-management r
rr tine orb e lit), deemed r e y by the
D. Amy part ef a,-subdivisten read and drainage r--- r-
F. individual , eter-y g sites ; ., developed o preexisting meto,•,t9. installation of _
> sign,telephone,
and eleetrie poles and other k4fids of posts or po
1 .4 rativities of an indivi"al engaging in home gardening by growing flower-s, vegetables
a , I its primarily for use by that per-son and his or-her-family.
dist,,,.t,anee of less than 5,000 square feet of land.
K Minor-elear-ing or- exeavation work not ineident to a substantial ehange in the existing use-
of the land, whieh may be reasonably e)Epeeted not to eont-ribute to ai,,�, additional on site
— 1 1 r-uneff or-degradation of any !a-ads or water-beyond the boundaries of the prepeAy
im,elved,
situation,L. Emergeney repairs on publie or-private objeets, neeessary for-the pr-esen,ation of life,
health or prep@Ay, or-taken to implemefA and aeoomplish the benefieial purpose of this ehapte-r--
prior-to making sueh emer-geney repairs. Following sueb an emer-geney >
a s requiredby this hapto,. shall be obtained]
N46 - Routine'maintenanee or-repair-woFk on publie or-private roads or utility line rights of
mwdmum e�itent pr-aetirable, vegetation shall be used as a stabilizer-and method of filtering a
•> open deeks,
where the mmeval of topsoil allows for the r-eehaW
of gr-etmdwaten
236-10. Activities Requiring a Stormwater Management Control Plan.
A. None of the following activities shall be undertaken until a Stormwater
Management Control Plan has been approved under the provisions of this local law.
1. Grading or stripping which affects more than five thousand (5,000) square
feet of ground surface.
2. Excavation or filling involving more than two hundred (200) cubic_yards of
material within any parcel or any contiguous area.
3. Site preparation on slopes which exceed ten (10) feet of vertical rise to one
hundred (100) feet of horizontal distance.
4. Site preparation within one hundred (100) feet of wetlands, beach, bluff or
coastal erosion hazard area.
5. Site preparation within the one hundred (100)year floodplain of any
watercourse.
6. Installation of new or resurfaced impervious surfaces of 1,000 square feet or
more, .unless prior approval of a stormwater management control plan was
received by the Town and the proposal includes in-kind replacement of
impervious surfaces.
B. The following activities shall be exempted from such review:
1. Minor clearing or excavation work not incident to a substantial change in the
existing use of the land,which may be reasonably expected not to contribute
to any additional on-site generated runoff or degradation of any lands or
water beyond the boundaries of the property involved.
2. Emergency repairs on public or private obiects, necessary for the
preservation of life, health or property, or taken to implement and
accomplish the beneficial purpose of this local law as set forth herein under
such circumstances where it would be impracticable to obtain approval prior
to making such emergency repairs. Following such an emergency situation,
however, any approvals required by this local law shall be obtained.
3. Routine maintenance or repair work on public or private roads or utility line
rights-of-way where interim and permanent stormwater runoff control
measures will be undertaken. To the maximum extent practicable,vegetation
shall be used as a stabilizer and method of filtering and slowing stormwater
flow from road surfaces.
4. Pervious structures, e.g., open decks,where the removal of topsoil allows for
the recharge of groundwater.
with an approved steFmwater-fnanagemerA eopArol plan are binding as against futufc Plans approved by the Building inspeetor-in eet�uaetion with the issuaBec of a building permit
eoiAaining a summary of the i
neeessai=y,the Town may also require the filing of esovenants and r-estrietiefis to be filed with
§ 236-11. Compliance. Where a Stormwater Management Control Plan is required by this
Local Law, all development, construction, excavation and landscaping activities shall be
conducted in accordance with an approved Stormwater Management Control Plan and all
other requirements of this local law.
A. A1; .,tio � n „t t previously
, >, ,. od„, approved o a 1UgV113Vto11L
plan,eofAr-el plan shall inelude the previous!), approved
together-with all amendments noted
ther-e4n. The SN40 sha4l determine eemplianee with this rhapter-as of the date of submission
B. M its review
of N nN /.ation /]r mom 0 stermwat<N
management eoi3 ol plan,the SN40 must make a finding that all standards are satisfied and may
impose sueh r-easenabie renditions as it deems appropriate or-any reasonable ModifiGation to the
plan as the STMO deems appropriate in waneetion m4th its approva4 of the proposed amendEne
G. The applioant must keep the S3A'PPP eurrent so giat it at all times araeuFately doeumen
the or-esien and sedimei#eopATel pr-aetiees that are being used or will be used dufing eofistraet,
and all post roonstmetion ston:awater-management pr-aetioes thatA411 be eefistmeted on the site-,
A4 a mini ,the l2c-an slim amend the SIAI
site;(1) Whenever-the etffFent previ i to be ineffeetive in minimizing pollutants in
that-has o ,.l.a have , eff..t o the diseb,arge ofpell„ta ts• an
(3) To address issues or- . oft . o identified d „V a inspeetio by the
}e. the D , }, th, T "nvr-vcxer-regulatory cczorr
:0 T7, D ,•t,V, .,t or the SMO .,, � ,�,lieaiA at a„■,time that the S'Ag2PD does
Lnotify �alw�� .uv 1.. ..i a i ...v v.�
not,meet one or more of the mini . inents of this ehapter-or-the goner-al pefmit. The
notifioation shall l be in itin' and identify th of the Cif PP tl.,..t«equi«o
SN40, the applioant shall make the required ehanges to the SIATPP and submit vffi
notifieation to the Town that the ehanges hm,e been inade. if the applieant does not respond to
cyan appr-oval.
4 236-12. Application Process.
A. Any applicant for a municipal permit to conduct a development, construction or
excavation activity within the Town of Southold shall complete a Stormwater
Assessment Form to assist in determining compliance with this local law.
Applicants that meet the threshold set forth above shall also submit a Stormwater
Management Control Plan to the Building Inspector.
B. No municipal permit that shall be issued for activities requiring a Stormwater
Management Control Plan, nor shall any application therefor be deemed complete,
until the Building Inspector has first issued its approval of the Stormwater
Management Control Plan.
C. Such plan may contain the following elements,which may be integrated into a site
plan or subdivision plat submitted for approval pursuant to applicable Town law:
1. A vicinity map drawn to a scale of not less than two thousand (2,000).feet.to
one (1) inch showing the relationship of the site to its general surroundings.
2. A plan of the site drawn to a scale of not less than one hundred (100) feet to
the inch showing the location and description of.property boundaries, site
acreage, existing natural and man-made features on and within five hundred
(500) feet of the site boundary, including roads, structures,water sources,
drainage structures, utilities, topography including existing contours with
intervals of not more than five (5) feet where the slope is ten percent or
greater and not more than two (2) feet where the slope is less than ten
percent, soil characteristics, location of wooded areas, the depth to seasonal
high watertable and a copy of the Soil Conservation District soil survey
where available.
3. Location and description of proposed changes to the site and existing
development on the site,which includes:
a) all excavation,filling, stripping and grading proposed to be
undertaken, identified as to the depth,volume, and nature of the
materials involved;
b) all areas requiring clearing,identified as to the nature of vegetation
affected;
c) all areas where topsoil is to be removed and stockpiled and where
topsoil is to be ultimately placed;
d) all temporary and permanent vegetation to be placed on the site,
identified as to planting type, size, and extent;
e) all temporary and permanent stormwater runoff control measures
including soil stabilization techniques and stormwater drainage and
storage systems including ponds, recharge and sediment basins
(identified as to the type of facility,the materials from which it is
constructed, its dimensions, and its capacity in cubic feet);
f) the anticipated pattern of surface drainage during periods of peak
runoff, upon completion of site preparation and construction
activities, identified as to rate and direction of flow at all maior points
within the drainage system;
g) the location of all roads, driveways, sidewalks, structures, utilities,
and other improvements; and
h) the final contours of the site at intervals of no greater than two (2)
feet.
4. A schedule of the sequence of installation of planned soil erosion,
sedimentation and stormwater runoff control measures as related to the
progress of the proiect including anticipated starting and completion dates.
iele A« TT
ra�cxczc�-r
Requirements for All Stor-mwater-Discharges.
For-a4l stem3water-disehar-ges, responsible parties sha4l implement and maintain operational-
.,tfels to ; elude but not be limited to
by-
development.
B. Maintaining .,to r-oads, streets, driveways, par-king lots and yh4kways
G. identifying and eliminating unauthorized eomerstions to Tev,%drainage eelltr-ol systems
and publie ri&s of me)-
v. vrcm and rprorcc crrrg-nucarnr-a=mzrcrgcpucccriis.
E. Ad.l;,,t.l;ning and «.,toot;„g n tuff ,.,ter-sheds. \
F. identifying and eliminating stomi-water that is generated by the proposed dev lopmem-at
� 23.6-13. Performance Standards for Approval of a Stormwater Management Control
Plan.
A. The site erosion, sedimentation and stormwater runoff control measures shall be
appropriate for existing topography,vegetation and other salient natural features of
the site. The plan shall indicate that the development will preserve natural features,
minimize grading and cut and fill operations, ensure conformity with natural
topography, and retain natural vegetation and trees to the maximum extent
practicable in order to create the least erosion potential and handle adequately the
volume and rate or velocity, of surface water runoff.
B. Site grading, excavation and filling shall minimize destruction of natural vegetation,
the potential for erosion, sedimentation and stormwater runoff and the threat to the
health, safety and welfare of neighboring property owners and the general public.
C. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during,
and after site preparation and construction. During grading operations,
appropriate measures for dust control shall be undertaken.
D. Areas exposed by site preparation shall be protected during site construction with
hay bales, temporary vegetation and/or mulching to meet the requirements of the
approved Stormwater Management Control Plan in effect.
E. Natural drainage patterns shall be protected and incorporated into site design.
Where natural drainage patterns are demonstrated to be adversely affecting a
beach or wetland, drainage patterns may be altered in a manner which reduces the
threat to such beach or wetland and does not create other flooding or erosion
problems.
F. Site preparation, including stripping of vegetative cover and grading, shall be
undertaken so that no individual building site is stripped of its vegetation cover
more than thirty (30) days prior to commencement of construction. Soils exposed or
disturbed by site preparation shall remain so for the shortest practical period of
time during site clearing, construction and restoration.
G._ Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable.
During the interim, erosion protection measures such as temporary vegetation,
retention ponds, recharge basins, berming, silt traps and mulching shall be used to
ensure that sedimentation is minimized and mitigated.
H. In no case shall stormwater be diverted to another property either during site
preparation or after development In appropriate cases,with the approval of the
Superintendent of Highways, drainage control measures may be implemented in the
right of way attendant to an adjacent Town highway, at the applicant's expense.
I. During the construction period, disposal of stormwater runoff generated by
development activity shall be handled on-site. Baling,mulching, debris basins, silt
traps, use of fibrous cover materials or similar measures shall be used to contain soil
erosion on the site.
J. All projects, regardless of the area of groundwater removal and/or grading, shall
retain a natural vegetative buffer zone along waterbodies, including wetlands and
marshes, if one is imposed by the Board of Trustees. If necessary, other forms of
erosion control measures will also be included.
K Natural land features such as shallow depressions shall be used,wherever possible,
to collect stormwater on-site for recharge.
L. Site designs shall minimize impermeable paving.
M. Stormwater runoff shall not be directly discharged to surface waters, marshes and
wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but
shall be attenuated by using holding ponds, sedimentation basins, perimeter
berming,vegetated buffer areas and other measures that reduce flow velocity and
increase storage time. Pollutants shall not be discharged into wetlands. In addition,
any filtering devices constructed as part of the drainage system must be adequately
maintained in order to function properly.
N. All wetland vegetation shall be maintained. Dredging and site construction should
not disturb wetlands either by direct removal of vegetation or substrate, or by the
alteration of adjacent slopes that would undermine the stability of the substrate
unless permission is obtained from the Board of Trustees. Grading equipment shall
not be allowed to enter into or cross any watercourse or wetland.
O. Subsurface sediments shall be maintained to provide structural support for the soils
of the wetlands.
P. The elevation of a wetland shall not be altered.
Q. No vegetation required by any agency as a buffer to a natural protective feature
shall be disturbed by grading, erosion, sedimentation, or direct removal of
vegetation.
R. Fill shall not encroach on natural watercourses, constructed channels,wetlands, or
floodway areas. All fill shall be compacted at a final angle of repose which provides
stability for the material, minimizes erosion and prevents settlement.
S. Trails and walking paths along waterbodies shall be sited and constructed so they
are not a source of sediment subject to the approval of the Board of Trustees.
T. The amount and velocity of runoff from a site after development shall approximate
its predevelopment characteristics. However, if the site is adjacent to coastal waters,
storm water shall be contained on-site, to the maximum extent practicable, to
prevent direct discharge of runoff to coastal waters.
U. Natural flood plains and major drainage swales shall not be altered or disturbed in
a manner which decreases their ability to accommodate and channel stormwater
runoff and flood waters. If no practicable alternative to the location of development,
roadway, driveways, and similar surfaces within these areas exists, such facilities
shall be sited and constructed to minimize and mitigate the amount and velocity of
stormwater entering the channel, floodplain or swale and to approximate the
original functions of the undisturbed condition.
V. No land having a slope equal to or greater than twenty (20) percent shall be
developed or disturbed except for conservation measures or measures intended to
remove debris which inhibits the functioning of the swale, except accessways to
shorelines approved by the Board of Trustees shall be permitted. Natural vegetation
and topography shall be retained to stabilize soils and reduce the volume of
stormwater overflow.
W. On lands having slopes of less than twenty (20) percent, but composed of highly
erodible soils, development proposals shall include consideration of the load-bearing-
capacity of the soils. Unless it can be demonstrated that the soils can be stabilized
with a minimum of on-site disturbance and no adverse impacts to the stability of
neighboring properties, the development proposal shall not be approved as
submitted.
X. All.permanent(final)vegetation and mechanical erosion control measures called for
in approved plans shall be installed within the time limits specified by the Building
Inspector, and no later than the expiration of the municipal permit issued therewith.
All land disturbing arstivities or-addition or-mplaeoment bf impen,ious Surfaees shall provide
mip4all on site, even where an appr-oval of the SNIO is not required under this ehapter, All
applieanis for-munioipal permits shall demonstfate to the satisfaetion of the SNIO that the
proposed acativities ean ineet this standard, either-by the installation of guftem, leaders, dry we!
or other-measures, prior-to the issuanee of sueh a mtmieipal permit.
None of the following aetivities sha4l be undei4aken until an approval of the SN40 has been
issued under-the provisions of this ohapter,
A. 0ear-ing 5000 square ket of
�, > >
ground
B. Exeavation or-filling involving more than 200 eubie yafds of material v4thin any par-
or-an), eontiguous area-.
G.
Site a}. slopes.Y-hie, A ee 1 n feet o f yertieal rise to 1 00feet o f herizoi}ar
• va. Yavr..a»wvaa v.a �avr�v ...a.-.. -.----» .v �--., v- ------•---..- -- _.... ---- --__-__----____
D. Site preparation within 100 feet of wet4ands, beaeh, blug or-eoastal erosion hazard
•
B. Site }• }bY' t 1, ndr- ,l fl a 1 :rr_a a } .a FIRM f
�vrcc�rcparcccivri�rcniircn�—vix�—ricincir�r`y-cccrzzoouprc'crri-ua cr�..l..a....,.. .,..a aa�..a .,� »..)
n}a o
F. installation of new or-r-esuffaeed imper-vious suffaraes of 000
tmiess
e more,uare feet or-
236-14. Appeals
Appeals from the requirements herein may be considered by the Board of Zoning Appeals
upon the showing of an undue hardship.
A. All aeyel,.,..,..,er} }r.ueti,rY a}ion a,•,a la„dsearing aetiy};en ro „la+ea by
Y".,t,aaa�aa.� �„aa�„a»�,a.,.a� �...,,...».,a.,aa»..... .».....,-,..r---a -----•----- --a-------- -� -----
Pan-.
B. Wher-e a subdivision plat or- site plan approval has been obtained and drainage has been
ef-
these n } H all development oindividual lots a a Fe a subdivision M {.I.11 LL{J�.J1 YJ Y yK
shall r-omain subjeet to these
1 � a a
re. 1,Y01'Y'lents n,11 n1'. individual
S basis.
$ 236-15. Inspection, Restoration, Certificate of Occupancy and Fines.
A. Inspection
Inspection for soil erosion, sedimentation, and runoff control plan compliance shall
be conducted by the Building Inspector to determine that the work has been
completed in accordance with such plan. The plan may be modified by mutual
agreement if, during or after installation, the Building Inspector deems that the
installed measures are not adequate to meet the performance standards or if
alternatives would better meet the Code requirements. If no agreement is reached,
the Building Inspector may require the submission of a modified plan in order to
maintain compliance with this local law.
B:. . Restoration.
Any clearing, excavation or development of land in violation of this local law shall
be corrected forthwith after written notice by the Building Inspector. In the event
that corrective action is not taken as directed within a reasonable time,the Town
may, at its own expense, take corrective action to restore the property or initiate
legal action to prevent unlawful or unauthorized activity. The cost of restoration
shall become a lien upon the property upon which such unlawful activity occurred.
C . Certificate of Occupancy.
No certificate of occupancy shall be issued by the Building Inspector until all work
required to be completed pursuant to the plan has been satisfactorily done.
D . Fines.
Any responsible party undertaking clearing, excavation or development of land in
violation of this local law, or falsifying information in connection with the
requirements of this Local Law, upon conviction, shall be guilty of a misdemeanor,
punishable by a fine of not less than five hundred dollars ($500) and not more than
two thousand dollars ($2,000). Such person shall be deemed guilty of a separate
offense for each day during which a violation of this local law is committed or
continues.
E. Enforcement.
The Director of Code Enforcement and/or the Building Inspector are responsible
for enforcement of the provisions of this Chapter, and have the authority to issue
violations of this Chapter. The Town Attorney shall be responsible for prosecution
of any such violations. In addition to the above-provided fines, the Town Board
may authorize an action or proceeding in the name of the Town in a court of
competent jurisdiction to compel compliance with or to restrain by injunction the
violation of this Chapter.
development, eenstmetiefl,
7
Southold shall eemple4e a stem+water- assessment form te assist in deteEmining esemplianee with
this ehapter, Applieants that meet the tluesheld set forth a ove and require a stermwater-
managemei4 eetAfol approval sha4l also submit a stermvh4er-management eentr-ol plan te
Bemd/Tevv%department reviewing the munieipalpr-e ,al ., plies.,t;.,ll.
1] T T,..e,.. r-eeept by the 1?,-..,,-,1/T.,,,,a ,-1.„ aft. eRlr-eviewing theo application+,. .. ...a,,..+ ..
aetivit�,regulated by this 7
applioation shall refer the prepesed stormwater-management eontrel plan to the SMO for-
eemplete nor- shall any applieation ther-efef be deem
upAil the SN40 has first issued his or-her- appr-eval of the sterfflwater-management
eentr-el plan-.
G. Q >7 1 shall eep+., „ the following ele ,#s why required 1. +1 SNIO t, t,
be.integrated into a site plan or-su.bdivision p submit4ed for-appreval pufsuant to applieable
Tevai 1.,
/1\ A 1 1 +' .t ,,, to .,le of not less than� 000 feet+ >7
�l --------------------fir -----� -- -- -- '----- -- - rv;vvv i��� w ...�� showing-
the .......
relationship eftL,e site to its general ,�.tings�,,,-ram,,,
(2) A r l, .t 1 f t t to a .,le of not less than 60 feet to tl, 1, showingthe leeatioin
and deser-iptien of pr-opei4y boundaries, existing natur-al c-md man made features on-
7
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stabilize soils an re.lttee the, s.l„me of storm„rater ^ erFls,,r
3AT O lands havingslopes of le than 200/ but a e.l of highly_erod:hle soils,
development proposals shall karalude consideration of the lead bearing rapaeity of the soils.
Unless it ran be demoRstfated that the soils ean be stabilized with a minimum of on site
disturbanee and no adver-se impaets to the stability of neighboring properties, the developmelfit.-
sal shall not be approved a tthmitte.l
X. All permanent and/or- final vegetation and meehanioal orosion eontrel measures roa4led
.. ed plans shall be installed within the time limits speeified by the Steml-wa
Management Offieer-, and no later-than the time limits speeified by the Stetmwater-Manageme
nffieer ^ noted i>1 the stermwater management a fAfel r,la„
i-rr�ci
A,.tiecle !R
n�r
Additional Requirements
§ 236 19 Activities t;en covered.
waters, A.AdhellaiLbir d-ii-r-poetly or-via an MS4, and that fall within any one of the below eateger-ios will
ineludes-
ion and sediment „trek
(1) GeastFuetion aetivities that involve soil distur-banee of one or more aeres of!a-nd but less
than five
(a) Single family residential subdivisions with twenty five per-eefA or-less impen4aus eever-
at total site build out;
!h\ t h rl •1 nt^ekyarrl .l
��C-e��ts���t�e�g�ic��t�����a��o�a�a o;P�a;��
.,
fe) Single family homes that do not meet a of the threohol.-l., et forth ;ai-§ 236-19i2
T � ✓V 1JL.
(2) The following eemst-r-aetion aetivities that involve soil distufbanees of one or-more aeres
\\V1 land.:
underground,(a) Installation of utilities, sueh as gas lines, fiber- eptie ) eable )
€leet-ric, telephone, n and water-mains;
retrofits and stream restoration„ eets•
)
(e) Bike paths and trails•
)
t Cl
C!e\ epe stabilization r,r^;eeo•
, + )
(f) Slope flattening that ehanges the gr-ade of the site, but does not signifieantly ehange the
^ff eh a ete st;e
(g) Q,,.,,1 areas „r that ill he e .l with
vegetation;)
fh\ Lend eleari,-g a,-t.l gr-adin F r the piifposes of or-eating vegetated open spaee /;
r-eer-eational parks, lavais, meadows, fields), exeluding pr-ojeets that alter-hydrology from pro
post development a n iti.,ns•
)
ws area and do not alter hydrology from pro to post development ;
0) Demolition r. eet,,There vegetation will be established l no re.leyeb^rmetA i
(k) Over-head eleetrietfansmission line pr-ejeot that does not inelude the eenstruetion of
pennaneft eeeess readsor-par-king areas s„rL f f .. rl „e r;th rter,rir,,,n >r•_.and
11
Catalog far-NempeiRl Soufee PolItAien in New York
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federal,The remedies listed in this ehapter are not exclusive of any other-r-emedies available under a"
applieable
and it is within the diser-etion of the authorized onfor-eem
state or loeal law,
ageney to seek . „lati ,o « edge-S
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 I I1h 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.southoldt6n=.gov
P.H.—6/18/24—Amendment to Ch. 236, Stor ater Ma agement
Denis carrow
Southold Town Clerk
Sworn to before me on the
1 lth day of April, 2024
Notary Public
JENNIFER M MUDD
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 MUCA29053
ouallfled in Suffolk county My eommission Expires February 20—
RESOLUTION 2024-333
ADOPTED DOC ID: 20145
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-333 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, 202, a Local Law entitled"A Local Law in relation
to an Amendment to Chapter 236, Stormwater Management" now therefor be it
RESOVLED 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 1811
day of June, 2024 at 4:30 p.m. at which time all interested persons will be given an opportunity
to be heard.
The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter
236, Stormwater Management" which reads as follows:
LOCAL LAW NO. 2024
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 236,
Stormwater Management"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I PURPOSE
To allow the Town of Southold to establish fees by Town Board resolution.
II. AMENDMENT
§ 236-1 Title.
This chapter shall be known as the "Stormwater Management; Erosion and Sediment Control;
and znxvrcDzse.�w.b-.—s aW.
§ 236-2 Statutory authorization/and conflicts with other laws.
A. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home
Rule Law to promote the public health, safety and general welfare of Town citizens
through land use regulations intended to control flooding, erosion or sedimentation within
the entire Town.
B. Conflict with other laws. In their interpretation and application,the provisions of this
chapter shall be minimum requirements adopted for the promotion of the public health,
safety and welfare. Whenever the requirements of this chapter are at variance with the
requirements of the N York State DepaAment of Enviremnel#al
f ..e-_i permits -�or- eens+----+--•--- +•..;ties ir_n n_i 0 001 and for- + +er- a �,AiTCn -`D (17 Ml - amended or� .d' +L. � .7• regulations, of
ftem
eerfespen
related laws, the most restrictive or that imposing the highest standards shall govern.
Resolution 2024-333 Board Meeting of April 9, 2024
volumes,it is her-eby detennined that.:
br r,' � rei4 and deposition;
siltation of aquatie habitat for-fish- t-he r-d e S i r-a 1 . . I d may adversely affeet
Z organisms o r,Qo in temper-atwe
and salinity-,
G. Clearing and grading during eenstmetion tends to inerease soil erosion and add to the loss
of native vegetation neeessary for teFfestrial and n u t;i. h b.i+n+•
UKK41V 11KV11.K1.
D. Improper-design and eonstFuetiea of stermwater management pr-aefiees ran ineFease the
l +< f + wwa+er- ff thereby ner-en ng stream bank, 1, l rl b.l ff
erosion and sedimentatiefi7,L
T fffaees allow le
grou
reeh r-ge and stream base
F. Substantial ecenemie losses ran result fiem these adver-se imparats on the waters of the
minimized through t a1 +' of ste r.<ntar
from development Y
volumes,14. The regulation of steFmwater-raneff disehafges from land developmenA aetivities in order
il
e
stream > horeline and bluff >
with stomi-water nmeff is in the p4lie interest and will minimize thfeats to publie hea4
T Regulation f 1 .1 .1 development +• •+' 1, means f - f - standards
r. _- ---r------ - - - - - - governing
stoFmwater-management and site design will preduee develepm&PA eempatible with the
+, 1 funetions f a rt. 1 •+ enfir-e-water-shed Bu thereby to the
er- therey m f,
adverse eff-e-e-ts. of Pe.ressilen and sedimerAafien from
e
and
11 b-
§ 236-43 Purpose.
It is the purpose of this chapter to promote and protect, to the maximum extent practicable, the
public health, safety and general welfare by i)-establishing minimum stormwater management
requirements and controls.- "` regulating t , a ntor dice to the nranieipal separate
law
!1 rer-to + f the New r V -- <-York State D + f D - -or+
Y J Z
Genser'�afi'-A� �tpt,-.ReIkAant Dischar-ge Elimination System(SPDES) goner-al permit for--N4S4.-
The objectives of this chapter are as follows:
A. Minimizing soil erosion, sedimentation and stormwater runoff;
B. Controlling,restricting or.prohibiting activities which alter natural drainage systems,
floodplains, stream channels and natural protective features, including,but not limited to,
wetlands, bluffs, dunes, beaches, natural protective features, which contribute to the
accommodation of floodwaters and retention of sediment;
C. Controlling,restricting or prohibiting land use activities which increase nonpoint source
pollution due to stormwater runoff and/or which result in discharge onto public lands,
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 2
Resolution 2024-333 Board Meeting of April 9, 2024
neighboring properties or natural protective features;
D. Assuring that land and water uses in the Town'are designed and/or conducted using best
management practices to control flooding, stormwater runoff and minimize stormwater
runoff from discharging onto public lands, neighboring properties or natural protective
features;
E. Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking
water supply and minimize saltwater intrusion.
permit for-stermwater-disehafges frem munieipal separate stel:ffiwater- sewer- systems
(NIS4 Permit No. GP m m amended soda
iu� ,
G. Requireland develepmei#activities to eenferm to the substanti 'Sts of the
New York State
Y inn n i n nni ...,1 or- Stermuxpipax di-;charges from N4S4s
ern n 10 nrn) or- amendedor-revised;
degrade14. Mi i i tases in stom+water-mneff from land development aetivities in order-to
reduee flooding, sil4ation, temper-atwe fluetuations of suffaec waters of the State of Now
York, and st-Feambank erosion and maintain the integrity of stfeam ehannels;
i. Minimize increases in pollution eaused by stemawater-naneff fiem land developm
site .a .1 f 11 w development+ the imam K4e t r et:
...,... .yam �.._..__.,..---a -
K. Reduce stennwater i:unoff r- es and volumes, soil erosion and nonpoint seuree pollution,
wher-ever-possible,tiffeugh stemawater-management pr-aetiees and to ensufe that these
ry i
N. To establish legal auther-ity to ean-f out a4l 0
stu-i'eillai3ee and monitoring
pr-eeeauf es + ensufe eemplianee with this Chapter-; and
O. T promote Y1, f thehazards involvedin the improper-diseharge of trash.-
waste,yard et
oil,petroleum pro
> ' ,
eleaning
hazardous waste, sedimetit and other-pellut—ants into the
TT���� > >
3 1�4.
§ 236--54Definitions.
Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have
the meanings as herein defined. Any word or term not noted below shall be used with a meaning
as defined in Webster's Third New International Dictionary of the English Language, unabridged
(or latest edition).
AGRICULTURAL PRODUCTION -The production for commercial purposes of crops,
livestock and livestock products, but not land or portions thereof used for processing or retail
merchandising of such crops, livestock or livestock products. Land used in agricultural
production shall also include fences, equipment storage buildings, livestock barns, irrigation
systems and any other structures used exclusively for agricultural purposes.
AGRICULTURE -The production, keeping or maintenance, for sale, lease or personal use, of
all plants and animals useful to man, including but not limited to forages and sod crops; grains
and seed crops; dairy animals and dairy products; poultry and poultry products; livestock,
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 3
Resolution 2024-333 Board Meeting of April 9, 2024
including beef cattle, sheep, swine,horses,ponies, mules or goats or any mutation of hybrids
thereof, including the breeding and grazing of any or all of such animals; bees and apiary
products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral,
ornamental and greenhouse products; or lands devoted to a soil conservation or forestry
management program.AT ^� ��
ALTER �Y FROM PRETO POST- DEVELOPMENT cvNrvTrTrTrONiS The
developmentpost r ( ) has inueasedy
more than 5% of the pr-e deve
eondition for-the design stoFm of interest( ton year-and one hundred year).
APPLICANT Tb, 1 1 +ity b,' b, in,� leases the eAy o x.b,ie
—rxxc ocrJorfoCTJozr.] 01 I'C�[.Trc'iicic�f �yflzi'crry`y ylrJyi i�ua�.� j.�M�N J
eenstfuetion plans and
7
ineluding the ability to make medifieations to the plans
and speeifioations.
BEST MANAGEMENT PRACTICES (BMPs) Schedule of activities, prohibitions of
practices, general good housekeeping practices,pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the disc arg
site r-tmeffl, spillage or-leaks, sludge or-water- disposal, or-dr-ainage from raw materi -
stera stormwater runoff, retain valuable topsoil and minimize water pollution.
BUILDING -A structure wholly or partially enclosed within exterior walls, or within exterior
and party walls, and a roof, affording shelter to persons, animals or property.
BUILDING INSPECTOR-The persons(s) appointed by the Town Board to enforce the
provisions of Southold Code Chapter 280 and this chapter.
CHANNEL A natffa4 or-aAifieial watereoufse with a definite bed and banks that eenduets
CLEAN FILL -Naturally deposited earthen material from an approved upland borrow source.
CLEAN WATER A ACT
The Feder-a!Water Pollution Control Aet(33 U.S.G. § 1251 et seq.) and any s4sequ
amendments thereto.
CLEARING
Cutting down, felling,thinning, logging or removing, killing, destroying, poisoning, ringbarking,
uprooting, grubbing or burning vegetation, severing,topping or lopping branches, limbs, stems
or trunks or substantially damaging or injuring in other ways that would cause or contribute to
the death or affect the survivability and growth of vegetation. This definition also includes
removal of dead and dying vegetation.
COMBINED SEMIER
A sewer that is designed te eelleet and eaeffvey both "sewage" and "stem+waten"
COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES
The initial disturbance of soils associated with clearing, grading or excavation activities, or other
construction-related activities that disturb or expose soils, such as demolition, stockpiling of fill
material, and the initial installation of erosion and sediment control practices as required by the
approved Stormwater Management Control Plan .
CONSTRUCTION
The siting,building, erection, extension, or material alteration of any structure, the use of which
requires permanent or temporary location on the ground, as well as the installation of any
hardened surfaces at or below grade.
CONSTRUCTION ACTIVITY
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 4
Resolution 2024-333 Board Meeting of April 9, 2024
Activities involving land disturbance of 5,000 square feet or more, including disturbances of less
than 5,000 square feet that are part of a larger common plan of development that will ultimately
disturb 5,000 or more square feet of land, excluding routine maintenance activity that is
performed to maintain the original line and grade, hydraulic capacity or original purpose of a
facility. All construction activities include but are not limited to clearing and grubbing, grading,
excavating and demolition.
DEDW
The deliberate approprt' F Fty by .t. owner r for-goner-al b<1'
The Now York State DEPARTMENT
Y
updates,DESIGN MANUAL
The New York State Ster-mwater ManagemepA Design Manual, most mee version ineluding
applieation
t-h—At. serves as the offiraial guide for- stemi-water-management 7
DESIGN PROFESSIONAL
N York: State 1' .1 pr-efessiena4
DEVELOPER
A person who undertakes land development activities.
DEVELOPMENT
Any man-made change to improved or unimproved real property, including but not limited to
any construction activities,the construction of buildings or other structures, creating access to
and circulation within the site, clearing of vegetation, grading, providing utilities and other
services, parking facilities, drainage systems, methods of sewage disposal and other services, and
creating land forms. Development also includes significant alteration of natural resources in
preparation for development, such as the dredging or filling of wetlands, ponds or other natural
drainage areas.
DIRECT- DISCHARGE (TO A SPECIFIC SURFACE CE M7nTTi D i2l17lVl
body,That mneff-fiews frem-a constraetion site by ever-land flew&-ld the first point of diseharge is the
system and-the first point of disehar-ge ffem the separate stean sewer-system is the speeifie
surfaee water-body.
DISCHARGE
To emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the
natural course of that liquid which existed prior to the disturbance of the natural state of the land
upon which it flowed, if any.
DRAINAGE SYSTEMS
Includes gutters, swales, pipes, conduits and superstructures (e.g., dry wells, sumps, berms, etc.)
for the collection and conduction of stormwater to an adequate facility for its storage and
disposal.
EROSION
The wearing away of land as a result of the action of natural forces or man-related 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."
EROSION, SEDIMENTATION AND ST-ORA4WATTD RUNOFF CONTROL PLAN
A dr-awing-showing the proposed use Of the si4e and the 7
both dufing and after teehniques and
7
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 5
Resolution 2024-333 Board Meeting of April 9, 2024
' plan be prepared y design professional oeu in -
EXCAVATION
The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling,
cutting, scooping, or hollowing out.
FILLING
The deposition of natural or artificial material so as to modify the surface or subsurface
conditions of upland or underwater land.
FINAL STABILIZATION
That all soil disturbance activities have ceased and a uniform,perennial vegetative cover with a
density of 80% over the entire pervious surface has been established, or other equivalent
stabilization measures, such as permanent landscape mulches, rock riprap or washed/crushed
stone have been applied on all disturbed areas that are not covered by permanent structures,
concrete or pavement.
GRADING
The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds,
or watercourses.
waste,HAZARDOUS MATERIALS
>
> '
significarAly eepAfibute to, a substantial present or-potential hazard to,human health, ,
pr_epej=ty or-the effvir-emnerA when
ster-ed, disposed of-, or ethe
!LLICIT CONNECTIONS
�1,� Y Y J ,
Amy drain-or es6i��= 6c� nether-on the <c<<'rr f t_ 1
�cc�oi ou� ' , 111 illegal
disehar-ge to enter-the
, a
but not limited to:
A A eenveyanees whieh 11 any neastem+water- disehaEge inebading+ + a
drainw4reated sewage, pr-eeess wastewater-, and wash water-to enter the MS4 and any eenneetion to
the storm drain system ffein indoeF '.nks, regardless of whether- said dr-ainff
eenneetion had been previously allowed, permitted, or approved by an atAherized enfer-eeffle
ageney; or-
B. Any or- n<c + ' to the AiTQiI whieh l +beeti.1 -- -+ 'lzrtolafts
maps, or-equivaletA reeer-ds and appr-eved by an authorized ea&reement,��
ILLICIT DISCHARGE
Includes but is not limited to discharge of solid waste; human and animal waste; antifreeze, oil,
gasoline, grease and all other automotive products; flammable or explosive materials; metals in
excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally
found in uncontaminated water; solvents and degreasers; painting products; drain cleaners;
commercial and household cleaning materials;pesticides; herbicides; fertilizers; acids; alkalis;
ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated
swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff, animal
carcasses; food and food waste; yard waste; dirt; sand; and gravel. 711' •+ d har-ges inel'a
J
prohibitions) and�er as pei:f4fted by 1-he T-03-A
IMPERVIOUS SURFACE
Any surface exposed to stormwater from which water runs off and cannot pass through,
including but not limited to structures, paving, paving blocks, bedding material,packed earth,
treated surfaces, roof structures, patios, decking, stoops,porches, and accessory structures.
T TDF%4DU A T SEIW_ GE TREATMENT TA/iT'i NT SYSTEM
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 6
Resolution 2024-333 Board Meeting of April 9, 2024
or-institutional f4eility,that treats sewage or- other-kEraid wastes for-disehar-ge into --
groundwater-s of Now York State, eKeept where a permit for- sueh a faraility is requir-ed under the
A faeility . — )r-more par-eels of land or residential households, or- a pr-ivate eonHner-eial
Aefivities
requiring the SPDES reFmit for- o
eonstfuetion, e
as amended or-revised--.
A State Pellutai#Disehar-ge Elimination System peFmit issued to a eommer-eial industT-y or group
of industries whieh regulates the pollutant levels asseeiated with industrial stom+water-
disc ar-ges r0-1-7-veifies on site pollution eei4fel strategies.
INFILTRATION
TheN N a f of oting step w+watA«into the subsoil.
soiJURISDICTIONAL MIET-LAND
An afea that.is inundated or- satffated by sur-faee water or-greun4water- at a ffequeney and
duration suffleient to suppeA a pr-evalenee of vegetation t�,piea4ly adapted for-life in satwated
1 eonditiens, eenffnoaly knomm as "1 ydr-ophytie 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 5,000 square feet unless determined
otherwise by the Department or the Town of Southold, 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.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE
A contiguous area where multiple separate and distinct construction activities are occurring, or
will occur, under one plan. The term "plan" in "larger common plan of development or sale" is
broadly defined as any announcement or piece of documentation(including a sign, public notice
or hearing, marketing plan, advertisement, drawing, permit application, State Environmental
Quality Review Act [SEQRA] application, zoning request, computer design, etc.) or physical
demarcation(including boundary signs, lot stakes, surveyor markings, etc.) indicating that
construction activities may occur on a specific plot.
MAINTENAXCE AGREEMENT
t --- maipAenanee of t .,ter management pra,.tioe
MUNICIPAL PERMIT
Any permit, grant, approval, license, certificate or other authorization issued by the Town of
Southold, including but not limited to permits for building, grading, demolition, clearing and
excavation and subdivision and site plan approvals.
MUNICIPAL T SEPARATE STORM S MI R SYSTEM (A4S4)
basins,A eenveyanee er system of eenvoyanees (ineluding reads with drainage systems, munieipal
> > > > sumps, dikes,
ramps dams, man made ehann
beat
Southold, state, eeutAy or-village;
B. Designed or-used for- eellerating or-eenveying stermwater-;
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Resolution 2024-333 Board Meeting of April 9, 2024
G. IA4iieh is hot a eambined sewer-; and
i 22.2.
NATURAL DRAINAGE
The stormwater runoff patterns resulting from topographical and geological surface conditions,
prior to clearing, regrading or construction.
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, bluff, dune or wetland and the vegetation thereon.
NATURAL WATERCOURSE
The route formed by natural processes,topography and geology leading to a natural watershed.
NATURAL WATERSHED
An area of land which, in its natural state and prior to any man-made change, and due to its
topography and geology, drains to a particular location within that area.
NONPOINT SOURCE POLLUTION
Pollution fiem any soufee other-than ffem any
and shag in jude,but not be limited-to,pollutants from > siWieuhufal, e
censtruetion, subsuffaee disposal, > •
NONSTORA4SAIATER DISCHARGE
Any disehar-ge to the N4S4 that is not eempose entire!), of stoi:mwaten
ONE-HUNDRED-YEAR FLOODPLAIN
The land area subject to the highest level of flooding that, on the average, is likely to occur once
every 100 years (i.e., that has a one-percent chance of occurring each year), as said level is
shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the
Southold Town Building Department.
PERVIOUS SURFACE
A pervious surface is one that has the ability to be readily penetrated by stormwater or other
runoff. Pervious pavement mixtures contain little or no fine particles creating a substantial void
content while still maintaining its structure integrity. Aggregate materials typically consist of No.
1 or No. 2 rounded "rocklike" fragments using sufficient approved cementitious materials,paste
or bonding agents to permanently fasten aggregate particles together to create a system of highly
permeable, interconnected voids that freely drain. Typically, between 15% and 25% of
interconnected voids are required for consideration as a pervious pavement. The flow rate of
water through pervious surfaces is typically around five gallons per square foot per minute or
higher.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed
before the clearing of the next.
munitions,POLLUTANT
Dredged spoil, fiker-baekwash, se�id waste, ineiner-ater-r-esidue,treated or untreated sewage,
garbage, sewage sludge, ehemieal wastes, bielogieal materials, radioarstive '
heat,wreeked or diwar-ded equipment, r-eek, sand:and ind:ustfial, munieipal, agrieu4ffa4 waste
and ballast diseharged into water-, whieh may eause or might reasonably be eNperated to eause
pollution-of the waters of the state in eentfaventien of the standards.
Ul1T T TTTAltT OF !''!1N!''TiDN
phosphorous,Sediment or-a water-_"alit-y measufement that addresses sediment(sueh as total suspended
solids, turbidity or-siltation) and-any other-pellutant that has been idenfified as a e se Of
. ont of my water-body, sueh as pathogens,
heavy metals or-dissolved
eK-ygen that will receive a disehar-ge from the-4and development aefivitiy
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Resolution 2024-333 Board Meeting of April 9, 2024
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including
adjacent sidewalks and parking strips.
PROJECT
Land development activity.
knowledgeableQUALIFIED !NSPECT-OR
A per-son who is Y ^iYles and pr-aetiees of erosion and sediment eeatr-el
7
eei4ified professional in erosion and sediment een 01
(GPESC/, registered r
A per-son whe is knowledgeable in the prineiples and praetices of stemawater manage ent an-,
treatment, sueh as a.lieensed professional engineer-, registered landseape ar-ehiteet or other-
Departmet4 endorsed individual(s). individuals preparing SWPPPs that require the p
prineiples of QUALIFIED PROFESSIONAL
design, water qua4ity management pr-aetiee design, water- quatAity eepAfol
and, in eases,
reenfeans to the the prineiples of hydr-aulies in order-to prepare an S3ALPPP that
pr-aetiee of engineefinj-,, as defined by the New York State Edueatien Law(see AAiele 14 5), shall
be by, or-under the direct super-vision-vr-avrvxess• f,• p ee —
+1, State FAT V rL
The Y o 1 1,,nent of u der-gr-,tm -water-re
RESPONSIBLE PARTY
Owners and occupants of premises, applicants for municipal permits, and any other person or
entity contributing to an act regulated by this chapter.
SEDIMENTATION
The processes that operate at or near the surface of the ground to deposit soils, debris and other
materials either on other ground surfaces or in water channels.
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.
SITE PREPARATION
The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate
construction or other use of the land.
STATE p0 T TTT A I TT DISCHARGE 17GE ELIMINATION SYSTEM (SPDES) GENERAL
PERMIT FOR CONSTRUCTION ACTIVITIES GP 0 10 001
A permit under-the New York State Pollutant Diseharge Elimination SYStem (SPDES)issued te,
SPECIAL CONDITIONS
A. Discharge eemplianee wM water-qualAy standards: The eendition that applies Wher-
Toyv%of Seutheld has been notified that the diseharge of steFmwater-authorized under its MS4
permit may have eaused or-has the reasonable petei#ia4 to eadse or- eentribute to the violation=4
ffii appheable water- quality stand d. Under this eenditien,the To-A%must take all aeeessar-y
s :
B. Seetien 303(d) listed waters: The eendition in the i
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Resolution 2024-333 Board Meeting of April 9, 2024
the N4S4 disehar-ges to a 303(d) listed water. Under-this eendifien,the steffi+water-fflanagemeiBA
program must ensufe ne iner-ease-,ef the listed pollutant of eeneem to the 303(d) listed water-.
fry T + 1 maKi daily lead(TA4b)$ . The n it' in the To .. 's A4S4 o i+
b the EPA for- water-body o water-shed into h b, the N4S4 .aiseh rges
I
The eendition in the
s M94 permit that applies if a TN4DL is approved in the futufe
by• tEPA for-any water-body water-shed
or- whieh an N4S4 disehar-ges.
the Tevm m4thin-six months of the rendition,the Town must review the applieable TN4DL te see if it iaeludps requirements for-
must, ,
modify its steFmwater management
STABILIZATION
The use of practices that prevent exposed soil-from eroding.
STATE-TL' POLLUTANT DISCHARGE A A!'E ELIMINATION TMIN A TION SYSTEM lC���
permits authorizing iliseh rrcae t the waters f the state. -
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 pollutants of concern or toxicants
than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and
mitigate its adverse impacts on property,natural resources and the environment.
STORMWATER MANAGEMENT CONTROL PLAN
The plan required by the Town to comply with the provisions of this chapter. For the purposes of
this chapter, a stormwater pollution prevention plan, when required by the Department's
regulations,will qualify as a stormwater management control plan.
ST-ORA4WATER MANAGEMENT FACILITY
one or a series of stermwater-maaagemel#prac4iees installed, stabilized and operating for-the
puTose of „tr lling st.,r.,+wator r„„ f
MANAGEMENT OFFICER(SIN40�
S TORAIMI A TE Aii A N A! L'A1 NT PRACTICES ii
pr-aetioal means of pr-evenfing flood damage and prvv6pAiag or r-eduraing point sour-ee OF R-0-B-1--f-BA
WATER TE7? POLLUTION-U7?L't77i ATTTON PLAN N (SWPPU)
A plan fer-eei#relling stermwater mneff and pollutants from a site during a4d after eenstmetion
naetivitiGT
STORMWATER RUNOFF
That part of stormwater that flows over the land surface.
SPD S GENERAL P RANT FOR STORMWATER DISC14ARGESTROM A4UNIC-1
SEPARATE STORAPX A TTi D SEWER SYSTEMS GP 0 1�n002
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Resolution 2024-333 Board Meeting of April 9, 2024
A peFmit under-the New York State Pollutant Disehar-ge Elimination System (SPDES) issued ta
muaieipa4ifies to regulate disehar-ges ffem munieipa4 separate storm sewers for-complianee wi
United St-ate--s En ir-olin-met4al Preteefien Ageney (EPA) established water quality stand
STRIPPING
The process of mechanically scraping away topsoil.
STRUCTURE
Any object constructed, erected, installed or placed on land or in water, including buildings,
sheds, mobile homes,tanks,bulkheads, piers and docks and any additions or alterations thereto.
SURFACE WATERS TTi RS O THE STATE OF NEW VOR
xco vz�zrrrvzzrrn vz�r�-Trvza=
Lakes, bays, sounds, r .1 , impounding«0 r o wells, } 1
or „
eswar-ies
eanals, the Mlaatie Oeea-n within the teffiter-ial seas of the
> wet4ands, einlets,
State of New York and all other bodies of suffaec water-, natufal or > land or-eeast
fiesh or-salt, publie or private (exeept these pr-ivate waters that do not raeffibine or-eff-eet
jtmetion with natwal suffaee or underground waters), whieh are whelly or paAially within of
bordering the state or-within its jufisdiefien. Storm sewers and waste treatment systems,
ineludingtfeatment ponds or-lagoons whieh a4se meet the cariter-ia of this definition are not waters
of the stat- --sion applies erAy to man ffi.ade bodies of water-w-hieh neither were
originalb, created in waters of the state (sueh as a disposa4 area in wet4ands)nor resulted fr-ofn
impouadmet#of waters of the.state. Waters of the state are ftb-ther-define in 6 NWRR PaAs
TEMPORARY STABILIZATION
That exposed soil has been covered with material(s) as set forth in the technical standard,New
York Standards and Specifications for Erosion and Sediment Control,to prevent the exposed soil
from eroding. The materials can include,but are not limited to, mulch, seed and mulch, and -J
erosion control mats (e.g.,jute twisted yarn, excelsior wood fiber mats).
303(d) LIST
A list of all suFfaee waters in the state for-w-hieh benefieial uses of the water- (&inking,-
rvereation, aquatic habitat, and industrial use) are impair-ed by pollutants, prepared periedieally
by the Dep-aA-m-MA as required by Section 3 03(d)of the Clean Water Aet. Seration 3 03(d) listed
waters are estuaries, bays, er-eeks, lakes and streams that fall shei4 of state suffaeo Water-quality
standards
- } } d to improve within the neyA two years.
TOPSOIL 1
The uppermost layer of soil, usually the top 15 to 20 centimeters, it having the highest
concentration of organic matter and microorganisms, and where most of the Earth's biological
soil activity occurs.
TOTAL T M A VTA/iUM DAILY LOAD A T (T-AI T.)
lienpoint sourees. it is a ealeulatieR-ef the maxi it of a pollutant that a water-body on
i a daily basis and still ineet water qua4ity standards, and an allecoation of that amount
the A T-N4DL is the sum of the allowable leads of-a single pelltAant from all eentributing point and
'' l 7 lead it (}' A ) -for- „r^ .1„} seurees, f safe} (N409)
1
TRAINED CONTRACT-0
DepfftmeiA endersed training in proper-erosion and sedimej#eentfel pf-ineiples from a soil and
} _ _ the .1} } } t eve
11 1, F} „ dwee l v D every J
WASTEWATE
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Resolution 2024-333 Board Meeting of April 9, 2024
Water-that is not stem&water-, is eei#aminated with pollutants and is or-will be disearded.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which
gathers or carries surface water.
WATER QUALITY STANDARD
Sueh measufes of purity or qua4ity for any water-s in relation to their-reasonable and fteeessar-y
WATERWAY
§ 236-65 Applicability and prohibitions.
This chapter shall apply and a Stormwater Management Control Plan shall be a condition_to
all pr-operty building permits issued which include any of the restricted activities identified
at 236-10 herein within the Toy,%of Southold; and shall govern:
A. n„plie b,ility
04A All grading, drainage and erosion control Whether of nota pei:Mit'^ regU reA.
(2)B All new or replaced impervious surface and all land development activities, �•',
+ perM4 is required;
(3)C. All discharges directly or.indirectly to a highway or public right-of-way, public drainage
control system, neighboring property, wetland or public waterway; and
(4ZD. All new and existing land uses within the Town.
(5) All water entering the N4S t generated anydeveloped , .1 1 - .1 1 1 unless
B. General The 1` 11items
prohibitions. o uvauthorizedr
!1\ D L.ar-ges after land development +' '+' 1 &ve leen eempleted -.1 the site has
under-gone final stabilization.
1(2) Disehar-ges that are mixed with sourees of nonster-mwater-odwr--gian these autberized in §
236 25 A/1\ f this L. + 1 '.7 fi fie r, CS7VDUD L. thio�•_laapter
,fxo cnccorcr-aZicczc[ ��i�� required J 1' T
(3) D L,arges that arerequired to obtain '' in 1 CDTI C permitor-another- CPDES
goner-al peanit by the DepaAmei#-.
be listed, endangered or threatened es r its vri+i..al habitat
(5) Discharges whieh either-ea-us-e or- eorAfibute to a vielation of water quaIi#j-staadm&
y' g'RZAnVi1J'
\ Land development
distufb ene or-mer-e aer-es of!a-nd with no existing impervielas eever and W-her-e the soil slope
phase is identified as an E or-F on the USDA soil stffvey for-Suffolk Getirlt�--
141t r r i
that distufb two or-rner-e aer-es of land wi4h no existing impervious eever and where the soil slope
phase is identified as an E or F on the USDA soil survey fer- Suffelk GeufA�-
(8) band development aetivifies that adversely affeet a prepeily that is listed or is eligible
listing on the State or-Natienal Register of Historic Plaecs,upAess there are�Yffitten agreements in
1aee with the N York State Office f p lr 1?enra n and Histerie Preservation(OP
eF other-gevemmei#al ageneies te mitigate the egarts or there are loea4 land use approvals
Q '.a g the same
§236-6 Discharges
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Resolution 2024-333 Board Meeting of April 9, 2024
All discharges within the Town are subject to this subtitle unless explicitly exempted.
Conduct exempted from this subtitle include activities necessary for the conduct of
agricultural uses in connection with a bona fide agricultural operation.
§ 236 7Performance as er-•+ + +er-management and erosion a
presumedsediment control.
All land developmei#-Activitiess Sh—all be subjerat to the following performance and design er-iteriai.
A. All land disturbing aetivities or-the addition or-replaeement of imperwious stfffaees s
ineh minfall on site, even where approval of the Stormwater-Ma-nagement Offieer-is not requi
B. Teehniea4 standards. For-the pur-pose of 41is ehapter-,the following doeuments shall serve
as the offleial guides and speeifieations for sten:A' Water management. Ster-mwater-management
praetiees that are designed and eenstmeted in aeeer-danee with these teehaieal doeumel4s shall
be imposed
(1) The New York State Sterm+water-ManagemepA Design Manual(New York
D -- _+ f E + 1 r + ,� + +
Y Q�ic�:� Ia +o��ca-rczi�I� s ,
hereafter-
r-efeff to-cts the "Design Aiia,,,,al!! -.
(2) New York Standards and S-peeifieations for-Erosion and Sediment Gent-F4(Empir-e St
Chapter- of-the Soil and Water Gensen�afiea > >
her-einafter to asthe
"Er-o G + 1 T i l")
� �rorrcvrrcrorrvzuir'aur7-
r• 1 + to
ehnieal standards. Where stermwater management praetiecs are no
professieR4. ibute to -a
D. Water qualib, standards. Any land development aetivity sha44�t eause or ee
violation of water- quality.standards as 6entainbd in PaAs 700 thfough 705 of TWe 6 of the
Offleial Compilation of Codes, Rules and Regulations of the State Af New ork, sueek as-
(1) There shall be in turbidity that m411 resi
natural •+. _ waters of the State of New v rv.
2) There rn shall suspended-, ^^
C deposition
b.v�11a o , ui v
_ it the
t r,a impair waters
TAN their-best usages;
r
C=/ There shall be no residue from 1 and fleating substanees, nor visibleoil film nor
leb.,,les of grease.
$ 236-7 Prohibited Discharges.
The following discharges are prohibited:
A Discharges to public highways and rights-of-way.
B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other
natural protective features as defined in Chapter 275 of this Town Code.
C. Discharges from private properties to adjoining properties,without.express
permission.
D. Discharges to public drainage control systems and networks,without express
permission.
E. Discharges of illicit liquids to any of the areas listed above and any other area within
the Town, except in accordance with facilities approved for the handling of such
materials by the Town, County and/or State.
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Resolution 2024-333 Board Meeting of April 9, 2024
The Toy,%Board shall designate Stem+watcr-Managemei#Offieer-s by resolution. T
c+ + Management Offieers shall have the following tther-it .-
ncvrnrwuccrzvrcaxccgcnzcn o ��.., •.••,•�•••,__•�
A. To aeeept and review all stem+water-pollution pr-evention plans and appr-ave sueh plans
+ tb, 1 i nbeard.
Privrmrcn`—cc"PPiv=�`r"rf-ccrry-zircarr' Y
B. Upon provaref the Town R rl engage the serwiees of a registered professional
plans,engincer-to review
the pl' „t
•G. A t the r+'�' t' f n qualified
y professiona4 that the plans
its of this i.haptor,
236-8. Requirements for all Stormwater Discharges.
For all stormwater discharges, responsible parties shall implement and maintain
operational source controls to include but not be limited to:
A Installation of drainage control structures to contain and recharge all run-off
generated by development.
B. Maintaining private roads, streets, driveways, parking lots and walkways.
C. Identifying and eliminating unauthorized connections to Town Drainage Control
Systems and Public Right-of-Ways.
D. Maintaining and protecting Natural Drainage patterns.
E. Maintaining and protecting Natural Watersheds.
.
A Mak#eaanee and ins tion du-fing eonstmetion.
(1) The applicant or developer-of any !and developmei#aetivit�,proposed under this e
shall, at all times,
design pr-operly operate
and maintain all f4eilifies and systems of t-Featment and eoi#Fol (and related appur-tenanees)
whieh are installed er used by the appliearA to aehieve eemplianee with the requirements of this
ehapter. Swiimentshallbe r-emoved ffem any sediment traps or- sediment ponds m4enever-th
its.has been„ red a by 50-0
(21 1or-land development t' '+' as defined in Ai4iele TTT §236 10 the applieant shall
9 sediment eefttrol pr-aefi— --ven days. Inspeetion reports sha4l be maintained
in a site log book.
(3) Tor-land development t 't'es regulated under-Ar-tieles TT and/or-TT! the iioant or-
developer or-their-fopr-esentative sha4l be on site at all times W-hen eenst-ruetion or-9
eenlr-el r eti provi
B. Mak#enaaee easements. Prior-to the issuanee of an), approval for those activi
regulated under AAiele H!that has a stefmwater-management f6eility as efle of the F-equircmetAs-,
the applic-ant or-developer-must exeeute a maintenanee easeme.-A, agreeffietA that shall be binding
rl � ar-aeeess t +1, f 'l't at reasonable times t' inspeetion by the T 0
Southold to enswe that the facility is maintained in proper-working eendifien to meet design
The easeffient shall be r-eeor-ded
by the appl + developer- 1 the
�-r of
t n J C 1 after-approval by the To WYI
Y Yttemey.
G. T Y t' after eonstruetion. inspection for-for- stonnwater manage
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Resolution 2024-333 Board Meeting of April 9, 2024
eemplianee shall be eem�aeted by the Stem+water Management Offieer for-these aetivities
regulated under- Art' 1 TT and/or-TTT to determine that the work L. been eempleted
aeeer-danee with sueh plan. The plan may be modified by nnAual agreement e
during or-afte
installation, the Stemwater Management Offieer- deems that the installed measufes are not
adequate to mee+the per-foFmanee standards or-if altematives would be4er-meet the
its. if no agreement is rewhed,the SWFmwater Management Offieer-may re"ire the
y mr
lianee with this ehapter,
management pr-aefiees installed in aeeer-danec with H! of this ehapter shall enswe they
are operated and maintained to aehieve the goals of this ehapter-. Proper-eper-ation
makAenanee also incaludes, at a minimum,the following:
program
tyeatmeRl and eentrol (er-related apptu4enanees) whieh are-installed or-used by the ewner- er-
operator-to aehieve the goals of this ehapter,
peel.
quality standard vielations in aeeer-danee with iole 1 of"s ehapter-, § 236 7D Water-quality
stems.
time;eaffeetive aetion is not taken as direeted within a reasonable the Town may,
eNpensee
take eor-r-eetive aetion to restore the property or-irAfiate legal aetion against any
responsible e , eeeupant> > > agents,-aetor or-their-
or any other
unlawful or-unauther-ized aetivity. The eest of restoration shall beeeme a4ien upon the pr-epeAy
F. Mainlenanee agreemei#s- For-land development aetivi4ies regulated under-Artiele H!,t
a deed restrication +1, ,+< prior-to final ,.1 A 1
Y Y 7 r l mi •„
236 9 Requirements for all Land Disturbing Activities or Impervious Surfaces._
All land disturbing activities or addition or replacement of impervious surfaces shall
provide temporary and permanent construction controls, and shall be required to contain a
2" rain fall on site, even where a Stormwater Management Control Plan is not required
under this Chapter. All applicants for municipal permits shall demonstrate to the
satisfaction of the Building Inspector that the proposed activities can meet this standard,
either by the installation of gutters, leaders, drywells or other measures, prior to the
issuance of such a municipal permit.
The following aetivities shall be e�wmpt fiem review under-this ehapter-tmiess the Department eT
Tev,% SNIO has determined that the aetivity is a substantial eentributer of pollutants tO
ao i
ueh aetivific. in a paAie#1ar-water-shed; and the aetivity is designated within the
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Resolution 2024-333 Board Meeting of April 9, 2024
A A 1+ 1 .1 +' aoEh ft ' in+l '1J Vll1, N+ However,thisY+' .1 H +
r--
operationex4end to the
operation
Y
e
000 square feet and are per-formed
G Repair-sto any + +
^ subdivision i.ion read and drainage plan if a plat
approved by the Town of Seutheld Planning Board and eenstfurated on er-befer-e the effeetive
of this
this ehapter.
E. hand development arativities for whicah an unexpired building peFmit has been appr-eved
on or-betbre the effeetive date of Chapter 236.
F. [ CGC[ , grave sites111 developed preexisting
G. Installation of and elecatfie poles and other-k4nds of peAs or-pe
7 sign,telephone,
r . Em Fj j J immediately y to a
L Aefivities of an-individual engaging in home gar-dening by growing f
ether- vegetables
and that per-son
plan-= pall-------y for-use .,
u his
disturbanee f less than 5,000 square feet of land.
K. Minor- 1
of the lat4, whieh may be reasonably eKpeeted net to eefAfibute to any additional on site
gen I er-ated n�neff or- degradation of any lands or water beyend the boundaries of the property
involved.
L. Emer-geney repairslife,
as set for-th herein under sueh eir-eumstanees-�ere it would be impraetieable te obtain appr-o
prior-to making such emer-genc.),r-epair-s. Following surah an em health er-pr-epeAy, er-taken to implement and aeeemplish the benefieial pur-pose of-this ehapter-
however-, any
1required 1..,+L,;^ ^1,�,�r shall be .,b,+�;,,o.a
rr-ova
. Aip- reads or-utility line rights of
way where ifAerim and-permanciA stermwater vaneff eepAr-el measures will be undei4aken. To
maKimum extent praefieable, vegetation shall be used as a stabilizer-and method of fifter-ing a
1 + +ar fl., ,f n.l.,Qu s f f n n
J
N. Pervious structufes, whery the r-eme3val of topsoil allows for-the mehafge
•eOpen >
of grpul,lwate�vr q�cvr.
$ 236-10 Activities Requiring a Stormwater Management Control Plan.
A None of the following activities shall be undertaken until_a Stormwater
Management Control Plan has been approved under the provisions of this local law.
1 Grading or stripping which affects more than five thousand (5,000) square
feet of ground surface.
2 Excavation or filling involving more than two hundred (200) cubic yards of
material within any parcel or any contiguous area.
3 Site preparation on slopes which exceed ten (10) feet of vertical rise to one
hundred (100) feet of horizontal distance.
4 Site preparation within one hundred (100) feet of wetlands, beach, bluff or
coastal erosion hazard area.
5 Site preparation within the one hundred (100)year floodplain of any
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Resolution 2024-333 Board Meeting of April 9, 2024
watercourse.
6 Installation of new or resurfaced impervious surfaces of 1,000 square feet or
more, unless prior approval of a stormwater management control plan was
received by the Town and the proposal includes in-kind replacement of
impervious surfaces.
B. The following activities shall be exempted from such review:
1 Minor clearing or excavation work not incident to a substantial change in the
existing use of the land,which may be reasonably expected not to contribute
to any additional on-site generated runoff or deitradation of any lands or
water beyond the boundaries of the property involved.
2 Emerstency repairs on public or private objects,necessary for the
preservation of life, health or property, or taken to implement and
accomplish the beneficial purpose of this local law as set forth herein under
such circumstances where it would be impracticable to obtain approval prior
to making such emergency repairs. Following such an emergency situation,
however, any approvals required by this local law shall be obtained.
3 Routine maintenance or repair work on public or private roads or utility line
rights-of-way where interim and permanent stormwater runoff control
measures will be undertaken To the maximum extent practicable,vegetation
shall be used as a stabilizer and method of filtering and slowing stormwater
flow from road surfaces.
4 Pervious structures, e.g., open decks,where the removal of topsoil allows for
the recharge of groundwater.
f� 236. 11 Approved e plans.
with an appr-oved stomawater managefnei#eopATel plan are binding as against futux-e pufehasers,
granting the Town permission to ei#er-the propefty for- coWlianee 049feement pwToses, and
Plans approved by the Building inspeeter in eoj�uaetioa with the issua-He of a building perm
fEem 4je Building inspeetor-, an as built drawing illustrating the as built leeation and dimensi
of a" stormwater managefnei#eontr-ol measures fiFem at least two eomer-s of the foundation of
the principal struetur-e er-othei:fixed leeations shall be s4mitted to the Building insper-tor, When
neeessar-y, the Town may also require the filing of eovenm and restrictions to be filed With thO
G +, Clerk as a eondition f approval.
$ 236 11 Compliance Where a Stormwater Management Control Plan is required by this
Local Law, all development, construction, excavation and landscaping activities shall be
conducted in accordance with an approved Stormwater Management Control Plan and all
other requirements of this local law.
plan,A. An applieatien for- an amendment to a previously approved stofmwater-manage-M.W.-A.
coi4rol plan shall ineltide the previously approved
together-with all ameadmeiAs noted
therein. The SN40 shall detefmine eomplianee ith this ehapter as of the date of submission
thereof-.
management eenir-ol-plan, the SP,40 must make a finding that--All Sta-w-1-a-rds are satisfied and may
ieh reasonable eanditions as it deems appropriate of reasonable modifieation to
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Resolution 2024-333 Board Meeting of April 9, 2024
plan as the SN40 deems appropriate in eenneetion with its approval of the proposed amendmen
Q The applieai#must keep the SSA7PPP euffei#so that it at all times aeeufatcly doeumen
the erosion and sediment eenlre!pr-aefiees that are being used or-will be used during eens4uratio.n.
and all post eenstruefien stermwater management pr-actiees that will be c-onstmeted
At aninimum, the ha lieant s l amendthe CAA'PPP:
(1) AAqwnever-the euffent uii+r 13^<)1o1AN. r a e to be ineff-eetive in minimizing all„ ands ki
M
(2) )A 71, there1, ge in design, eenstmetion or-
that 1 eould ff + +L, d' L, pollutants; a
or- rge of „tants;operation
1, Nd
an
the
\ / To address issues or- neies during inspeetion J 1
D. The DepaAment or-the SN40- may netif�, an appheant at any time that the MWPP doe&
not meet Ofic or- OFe Of the mini . mepAs of this ehapter-or-the general peEmit. The
notifieation shall be in mmiting and identify the provisions of the S)ALPPP 4iat re"ir-O
ua
or-as other-wise indireated by the
clani the applicant shall1 P the required changes to
IJ l Y
the Department'snetitioation to the Tovai that the ehanges hame been made.-If4he applieatA does not respond to
the TwA%i the Toy,%may revoke the
frame,
§ 236-12. Application Process.
A Any applicant for a municipal permit to conduct a development, construction or
excavation activity within the Town of Southold shall complete a Stormwater
Assessment Form to assist in determining compliance with this local law.
Applicants that meet the threshold set forth above shall also submit a Stormwater
Management Control Plan to the Building Inspector.
B. No municipal permit that shall be issued for activities requiring a Stormwater
Management Control Plan, nor shall any application therefor be deemed complete,
until the Building Inspector has first issued its approval of the Stormwater
Management Control Plan.
C. Such plan may contain the following elements,which may be integrated into a site
plan or subdivision plat submitted for approval pursuant to applicable Town law:
1 A vicinity map drawn to a scale of not less than two thousand (2,000) feet to
one (1) inch showing the relationship of the site to its general surroundinl4s.
2 A plan of the site drawn to a scale of not less than one hundred (100) feet to
the inch showing the location and description of property boundaries, site
acreage, existing natural and man-made features on and within five hundred
(500) feet of the site boundary, including roads, structures,water sources,
drainage structures, utilities, topography including existing contours with
intervals of not more than five (5) feet where the slope is ten percent or
greater and not more than two (2) feet where the slope is less than ten
percent, soil characteristics, location of wooded areas, the depth to seasonal
high watertable and a copy of the Soil Conservation District soil survey
where available.
3 Location and description of proposed changes to the site and existing
development on the site,which includes:
a) all excavation, filling, stripping and grading proposed to be
undertaken, identified as to the depth,volume, and nature of the
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Resolution 2024-333 Board Meeting of April 9, 2024
materials involved;
b) all areas requiring clearing,identified as to the nature of vegetation
affected;
c) all areas where topsoil is to be removed and stockpiled and where
topsoil is to be ultimately placed;
d) all temporary and permanent vegetation to be placed on the site,
identified as to planting type, size, and extent;
e) all temporary and permanent stormwater runoff control measures
including soil stabilization techniques and stormwater drainage and
storage systems including ponds, recharge and sediment basins
(identified as to the type of facility,the materials from which it is
constructed, its dimensions, and its capacity in cubic feet);
f) the anticipated pattern of surface drainage during periods of peak
runoff, upon completion of site preparation and construction
activities, identified as to rate and direction of flow at all major points
within the drainage system;
g) the location of all roads, driveways, sidewalks, structures, utilities,
and other improvements; and
h) the final contours of the site at intervals of no greater than two (2)
feet.
4 A schedule of the sequence of installation of planned soil erosion,
sedimentation and stormwater runoff control measures as related to the
progress of the project including anticipated starting and completion dates.
Ar-sAiele 11
Requirements for All Star..... ter-Din..har-ges
Requirements
soufee + 1 to inelude but t 1, limited to
de el! „+
walkways.B.
0 private roads, stfects, driveways,
lug 1
ots and and publie rights of way,
Tl 11 to +' 1 ++
L Maintaining 1 1�11K1�+ drainage N
natura4 water-sheds.
E. a and r a
236-13 Performance Standards for Approval of a Stormwater Management Control
Plan.
A. The site erosion sedimentation and stormwater runoff control measures shall be
appropriate for existing topography,vegetation and other salient natural features of
the site The plan shall indicate that the development will preserve natural features,
minimize grading and cut and fill operations, ensure conformity with natural
topography, and retain natural vegetation and trees to the maximum extent
practicable in order to create the least erosion potential and handle adequately the
volume and rate or velocity, of surface water runoff.
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Resolution 2024-333 Board Meeting of April 9, 2024
B. Site grading, excavation and filling shall minimize destruction of natural vegetation,
the potential for erosion, sedimentation and stormwater runoff and the threat to the
health, safety and welfare of neighboring property owners and the general public.
C. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during,
and after site preparation and construction. During grading operations,
appropriate measures for dust control shall be undertaken.
D. Areas exposed by site preparation shall be protected during site construction with
hay bales, temporary vegetation and/or mulching to meet the requirements of the
approved Stormwater Management Control Plan in effect.
E. Natural drainage patterns shall be protected and incorporated into site design.
Where natural drainage patterns are demonstrated to be adversely affecting!
beach or wetland, drainage patterns may be altered in a manner which reduces the
threat to such beach or wetland and does not create other flooding or erosion
problems.
F. Site preparation, including stripping of vegetative cover and grading, shall be
undertaken so that no individual building site is stripped of its vegetation cover
more than thirty (30) days prior to commencement of construction. Soils exposed or
disturbed by site preparation shall remain so for the shortest practical period of
time during site clearing, construction and restoration.
G. Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable.
During the interim, erosion protection measures such as temporary vegetation,
retention ponds, recharge basins, berming, silt traps and mulching shall be used to
ensure that sedimentation is minimized and mitigated.
H. In no case shall stormwater be diverted to another property either during site
preparation or after development In appropriate cases,with the approval of the
Superintendent of Highways, drainage control measures may be implemented in the
right of way attendant to an adjacent Town highway, at the applicant's expense.
I During the construction period, disposal of stormwater runoff generated by
development activity shall be handled on-site Baling, mulching, debris basins, silt
traps, use of fibrous cover materials or similar measures shall be used to contain soil
erosion on the site.
J. All projects, regardless of the area of groundwater removal and/or grading, shall
retain a natural vegetative buffer zone along waterbodies, including wetlands and
marshes, if one is imposed by the Board of Trustees. If necessary, other forms of
erosion control measures will also be included.
K Natural land features such as shallow depressions shall be used,wherever possible,
to collect stormwater on-site for recharge.
L. Site designs shall minimize impermeable paving.
M. Stormwater runoff shall not be directly discharged to surface waters, marshes and
wetlands Stormwater pollutants shall not be discharged directly into a wetland, but
shall be attenuated by using holding ponds, sedimentation basins, perimeter
berming,vegetated buffer areas and other measures that reduce now velocity and
increase storage time Pollutants shall not be discharged into wetlands. In addition,
any filtering devices constructed as part of the drainage system must be adequately
maintained in order to function properly.
N. All wetland vegetation shall be maintained Dredging and site construction should
not disturb wetlands either by direct removal of vegetation or substrate, or by the
alteration of adjacent slopes that would undermine the stability of the substrate
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Resolution 2024-333 Board Meeting of April 9, 2024
unless permission is obtained from the Board of Trustees. Grading equipment shall
not be allowed to enter into or cross any watercourse or wetland.
O Subsurface sediments shall be maintained to provide structural support for the soils
of the wetlands.
P. The elevation of a wetland shall not be altered.
Q No vegetation required by any agency as a buffer to a natural protective feature
shall be disturbed by grading, erosion, sedimentation, or direct removal of
vegetation.
R. Fill shall not encroach on natural watercourses, constructed channels,wetlands, or
floodway areas All fill shall be compacted at a final angle of repose which provides
stability for the material, minimizes erosion and prevents settlement.
S. Trails and walking paths along waterbodies shall be sited and constructed so they
are not a source of sediment subiect to the approval of the Board of Trustees.
T. The amount and velocity of runoff from a site after development shall approximate
its predevelopment characteristics. However, if the site is adjacent to coastal waters,
storm water shall be contained on-site, to the maximum extent practicable, to
prevent direct discharge of runoff to coastal waters.
U. Natural flood plains and major drainage swales shall not be altered or disturbed in
a manner which decreases their ability to accommodate and channel stormwater
runoff and flood waters If no practicable alternative to the location of development,
roadway, driveways, and similar surfaces within these areas exists, such facilities
shall be sited and constructed to minimize and mitigate the amount and velocity of
stormwater entering the channel, floodplain or swale and to approximate the
original functions of the undisturbed condition.
V. No land having a slope equal to or greater than twenty (20) percent shall be
developed or disturbed except for conservation measures or measures intended to
remove debris which inhibits the functioning of the swale, except accessways to
shorelines approved by the Board of Trustees shall be permitted. Natural vegetation
and topography shall be retained to stabilize soils and reduce the volume of
stormwater overflow.
W. On lands having slopes of less than twenty (20) percent, but composed of highly
erodible soils, development proposals shall include consideration of the load-bearing
capacity of the soils. Unless it can be demonstrated that the soils can be stabilized
with a minimum of on-site disturbance and no adverse impacts to the stability of
neighboring properties, the development proposal shall not be approved as
submitted.
X. All permanent (final) vegetation and mechanical erosion control measures called for
in approved plans shall be installed within the time limits specified by the Building
Inspector, and no later than the expiration of the municipal permit issued therewith.
All land diswr-bing aefivities or-addition or-F-epjaeement of impervious surfaees shall provide
gutters,r-ainfall on site, even where an approval of the SN40 is not required tmder-this chapter, All
applioants for-munieipal permits shall demenstfate te the satisfaetioll Of thc SN40 that the
pr-eposed arativities ean-meet this standard, either by the installation of
leaders,
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Resolution 2024-333 Board Meeting of April 9, 2024
R 236 15 Aetivities
�L...++.:..�t�...management .. ..t.-ol .. al
requiring st
Nen@ of the "Iewing aetivities sMI be under-taken until an approval of the SN40 has bee
issued underthe�vrisroirroft this e n tto
n
A. Clearing, grubbing, grading or-stripping whieh aff-eets more than 5,000 square feet of
ground suFfaee.
B. Exeavation or filling involving more Oian 200 eubie yards of material within any par-
or any eentiguous area.
G. Site prepar-Aien on slopes which exeeed 10 feet of vei4iraal rise to 100 feet of herizef"
distanee:
D. Site preparation withinInn gDa+ of t ,l b 1, bluff r-wastrel o ., haza.a area.
Y t Llll CUGTl�l GLll-�Jl V V l.L
E. Site preparation within the one hundr-ed-yem floodplain as d6pieted on FIRM of any
me
proposalF. Installation of new or-resuffaeed impervious suffaecs of 1,000 square feet or-more,unless
wal of a stermwater management eop&el plan was reeeived by the Town and the
ineludes in kind o plaeo + f imperviousFf
236-14. Appeals
Appeals from the requirements herein may be considered by the Board of Zoning Appeals
upon the showing of an undue hardship.
ehapter shall be eendueted in aeeardanee with an approved stem+water-management eentrol
B. Aqwry a subdivision plat or- site plan approval has been obtained and drainage has been
these requirements. However-, all development on individual lots 4n an appr-eved
shall _ idua4 .�
li 1 cCr[OZ2�I'e7CTCCTRZTCi'IICZlt- on •uua l v
4 236-15 Inspection, Restoration, Certificate of Occupancy and Fines.
A. Inspection
Inspection for soil erosion, sedimentation, and runoff control plan compliance shall
be conducted by the Building Inspector to determine that the work has been
completed in accordance with such plan. The plan may be modified by mutual
agreement if, during or after installation, the Building Inspector deems that the
installed measures are not adequate to meet the performance standards or if
alternatives would better meet the Code requirements. If no agreement is reached__,
the Building Inspector may require the submission of a modified plan in order to
maintain compliance with this local law.
B. Restoratiom.
Any clearing, excavation or development of land in violation of this local law shall
be corrected forthwith after written notice by the Building Inspector. In the event
that corrective action is not taken as directed within a reasonable time,the Town
may, at its own expense, take corrective action to restore the property or initiate
legal action to prevent unlawful or unauthorized activity. The cost of restoration
shall become a lien upon the property upon which such unlawful activity occurred.
C Certificate of Occupancv.
No certificate of occupancy shall be issued by the Building Inspector until all work
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Resolution 2024-333 Board Meeting of April 9, 2024
required to be completed pursuant to the plan has been satisfactorily done.
D Fines.
Any responsible party undertaking clearing, excavation or development of land in
violation of this local law, or falsifying information in connection with the
requirements of this Local Law, upon conviction, shall be guilty of a misdemeanor,
punishable by a fine of not less than five hundred dollars ($500) and not more than
two thousand dollars ($2,000). Such person shall be deemed guilty of a separate
offense for each day during which a violation of this local law is committed or
continues.
E. Enforcement.
The Director of Code Enforcement and/or the Building Inspector are responsible
for enforcement of the provisions of this Chapter, and have the authority to issue
violations of this Chapter. The Town Attorney shall be responsible for prosecution
of any such violations. In addition to the above-provided fines, the Town Board
may authorize an action or proceeding in the name of the Town in a court of
competent jurisdiction to compel compliance with or to restrain by injunction the
violation of this Chapter.
eenstruetion aefivity, land development aetivity*er-eyeavation activity within the T-O�A%0
Southold sha4l eemplete a stermwater- assessment fem to assist in dete i i - - - --plianee with
this eahapter. n 1 + that meet the+t.,.eshet
require
managemerA eerArel approval shall also submit a stemawater management eentr-el plan to the
y "a the ral rrNoval a.
aetivity regulated by this rahapter-, the Bear-d/Tev�m depaAment r-eviem4ng the municipal approval
appl' +' shallr-efer-tpr-eposed stemi-.ater-managementeeplrolplan to the SN40 fo
eempleteeemment and reeemmendation.No municipal approval shall be issued for-aefivities
urAil the SN40 has first issued his or her- appr-eva4 of the stemawater managem
emtrel plan-.
G. Sueh 1 shall eentain the followingelements where required1, the C>\an >7• 1, may
be k4egr-ated into a site plan or subdivision plat submitted for-appreva4 ptffsuant to applieable
T.. ,« 1.,
-x-v$crrzccd
relationship(1) A- I I 'ion map drav�%to a seale of not less than 2,000 feet to one ineh showing
the of the site to its general suffetmdiags.
CZ'
) A plan of the site dr-avffi to a seale of net less than 60 feet to the ineh showing the leeatiort
> site aereage,
and within 500 gaet of the site betmdar-y, ineluding wads,existing aatura4 and man made featwes on
water- soufraes, drainage
structffes> >
feet where the slope is topegraphy ineluding existing eerAeufs with intervals of not more than five
,4 or gr-e-at.er- and ijet mer-e than two feet wher-e the slope is less than
proposed, test hole indieating soil ehar-ae 11—isties, J.-eation ef wooded areas,the depth to seasonal
developmentt.anes+ t + n a ;..+;«g - t site, t. a ..es:inel
tj
7 «b
total area of land distur-banee and total site area.
\ All ewea-va+'on, fill'ng, str4pping .1 r-a ling proposed to be under-taken, idei#;F e as
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Resolution 2024-333 Board Meeting of April 9, 2024
the depth, volume, ,1 nature of the materials 1 a;
( \ All b el o r.
�bt i dei4i fi o,l T+to the ntufe of vegetation �� + a•
� / `1
r,ll All L, ++�1
tYrl 1 t 1. -A<Tn St. eknile.l and he topsoil +�__L�o
r
ultimately,heed;
( ) All +emper-ary rl pcmanei+Nregetation to 1. plaeod on the site,it identified as t planting
type, size, and extent;
7
feet, ad its eapaeity in eubie
7
ponds,ineluding meharge and sediment basins,
(g) The antieipated pattem of surfaec drainage during per-iods of peak runoff-, upen
eompletion of site preparation and eonstruetion aetivities, identified as to rate and direetion e
flow
at allmajor- r.ts within the drainage system,L
wads, driveways, 7 7
areas; and
-- - other-
m4s, ineluding temper-aity staging
(i) The existing and fina4 eonleur-s of the site at intervals of not more gian five feet W-her-c the
1ope is 1 00,4 or greater- .l t more than two feetwher-e the slope is less+1, 1 n od
(4) A 1. r1ule of the seqtonee of
ttation of
planned soil er-esion,
sedimentation d
7
stai4ing and eemple4on dates.
grubbing,
eail any other t' 't. at the site that 111 results in soil distur-bnr+
( ) Deseription f 1
('T A .1 t' F the mini-- �-and sediment eent-Fol pr-aetiees to be installed of
implemented for-eaeh eons4uetion a ivity that will result in seil distur-banee. 1flelud —e--
that identifies the timing of initial plaeement or-implementation of caeh erosion and sediment
eentrel pracatiee and the minimum time frames that eaeh praefiee should remain in plaee-ef-be
implemented,
(8) Deseription of eenst-Fuetion a-ad waste materials expeeted to be stored on site
ineluding storage pr-aetiees to minimize eKposure of the materials to stor-mwater-, and spill
pr-evention and response.
(9) Temper-ary and pemanent seil stabilizatien plan that meets the requirement the Most
Erosion and Sediment e
for-eaeh stage ef the pr-ejeet, ineluding initial land calear-ing and
gFubbing to pr-ejeet 1
material,lefien and archievemeRt of final stabilization.
(10) A site map/eenstFuetion drawing(s) for-the pr-ojeet, ineluding a goner-a! leeatien map. A
�the site map shall show the teW site area; all improvements; areas of distwbanecs;
areas that will net be disturbed; existing vegetation on site and adjaeent eff site sur-faee water-(S)
wetlands a-Rd drainage patterms that eould be affected by the eenstruefien aefivity; existing and
final slopes; loeations of different soil types with boundaries;
waste,beffew or-
. . I storage areas leeated on-adjaeent properties; and leeation(s) of stoml-water
diseharge(s); and the speeffie and length(s) of eaeh erosion and sedime
> >
(11) Dimensions, material speeifications and installation details fe or-esion and sedime
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Resolution 2024-333 Board Meeting of April 9, 2024
sitingand sizing of any temper-ary sediment basins.
!1 7\ Temporary pr-atiees that will be converted to permanent een#el measures.
sediment r,trel „ ae i--'.
(15) Name(s) of the potential sur-faee
**������ watersvu«a a
N4S .
!1 6\ Delineation f + + r + een+ 1 1implementation responsibilities
1����" a r
a b. paA of the site.
1'7 •
\ D +• f + t 1 r,
LT' Y praetiees designed
flows, or- other-wise limit i:uneff and the disehar-ge of pellutatAs ffem exposed areas of the site
the degr-e attainable.
(118) Any,other existing rl
11 O\ The YY l +must identify
�n eei#faeter(s) and subeepAmeter-0)that will be responsible
for-installing, e >r-eplaeing,
inspeetingand maintaini-g the erosion
sediment+ + 1 t'ecs 1 .l �l in the SALPDU
� r
A. --The site eresien, sedimentation and st-OnRwater-vaneg eentfel meas�es shall be
appropriate for-e)dsting topography, vegetation and other- saliepA natufal feaWfes of the site. The
plan shall indieate that the development will pr-ese1mve natwal featwes, i i i _ iding and eut
and fill operations, ensure eenfemity with natufal topography, and r-etain natural vegetation a
trees tO the maximum extent pr-aetieable-in order-to er-eate the least erosion potential and
1 t '1 handle the volume and rate o ..a of sur-faee water-maoff-.
r
vegetation,B. Site eKea-vation and filling shaI4 minimize destmetion of natural
7
7
erosion,peterAial for-
safety and
if f - bb.b. a r r Ar o and the general„.,blie
G. Erosion, sedimeiAafiea and st-em+water-Funeff shall be een4elled prior- and
7 during,
operations,after- site preparation and eenstfuetien. During grading
een+ 1 shall be .l rt 1
bales,-D. Areas empose&-by site preparation shall be pr-eteeted Ehffing Site eonstfuetion ith hay
silt feneing,temper-ar-y vegetation and/or-mulehing to meet gie requirements of the
NYSDEC; aosion Centro!Manual-.
E. Natwal drainage paRems shall be pr-eteeted and ineer-per-ated into site design. Wher-O
natur-al dtainage patterns are demonstrated to be adversely affeeting a beaeh er- sur-faee waters of
the State of New York, as defined herein, drainage patterns may be altered in a fnamer w-hieh
a aoes + er-ea+ other- fl d a pro
F. Site preparation, ineluding stripping of vegetative eever and gr-ading, shall be undertak
so that no individual buildifig site is stripped of its vegetation eever-more than 30 days pri'or-to
for-the shor-test pr-aetic-al period ef4me during site elear-ing, eenstmetion and restoration.
G. Distufbed soils shall be stabilized and r-evegetated or- seeded as n as pr-a ieable.
Dtffing the interim, erosion preteefien measures sueh as temperai!y vegetation, r-eteiAien pefids-,
mehar-ge basins, beming, silt tfaps and mulehing shall be Used to ensufe that sedimentation is
•„ ,a a ;+in to
14. in no ease shaI4 stem+water-be diverted to another-property either-dufing site pr-opar-ati
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Resolution 2024-333 Board Meeting of April 9, 2024
highway,Ekainage eentrol measures may be implemei4ed in the right of way attendant to an adjaGe
Town
at the applioant's expense.
1V 11 g 1 y p
fibr-ous eever-mater-ia4s or similar-measur-es shall be used to eentain soil er-oossiev.p.Am".the
j. All projects, r-ega-rdless of the area of groundwater-r-emoval and/or aetivity shall be handled on site. Baling, mulehing, debris basins, silt traps, silt feneifi-
required shall retain a
natural vegetative buff-er-zone along water-bodies, ineluding wetlands and mar-shes, as may be
yChapter-275 y
the Board of T-rastees. if neeessar-y, other-feFffis of erosion eefltr-ol
measums 11 1 b ineluded.
K. Natural !a-ad features sueh as shallow depressions shall be used, W-her-ever-possible, to
11 + + +er-on site f r r-ee arnc
L. Site designsshall minimize impermeabl-
N4.
basins,York, as defined herein. Stermwater-pollutants shall not be disehar-ged direetly into a surfaee
water- of the State of New York, as defined herein, but shall be attenuated by using holding
ponds, sedimentation >
vegetated buff-er-areas and other-measur-es th
r-eduee iqow veloeity and iner-ease storage time. Pellutants sha4l not be disehar-ged into wetlands.
rtxtmcccmcmrt order- coTaripro!,...�.
N. All wetland vege-A-at-i-e-n- ble ffl.—Akatffikaed. Dredging and site eenstmetion sholaid not.
275. Orading equipment shall not be allowed to eRter-into or-eross any -atervour-se A-F vVe-Alafflad-
withotA an approved SWPPP, DepaAment approval, or-in eomplianee with Chapter-2
0. Subsuffaee sediments shall be maintained to pr-ovide straetwal suppoEt for-the soils Of
P. The elevation of a wetland shall not be altered unless it is paft of a wedand F-ester-atio
Q. N vegetation required
vegetation.
the
floodway areas. All fill shall be eempaoted at a final angle of r-epose whieh pr-ovides stabilib,
areas shall be pr-oteeted with er-osion eentr-ol measures to inelude, but not be limited to, hay )
silt feneing, and vegetation to meet the minimZ
Stomiwater-Design Manual.
S. T-Fails and walking paths along water-bedies shallbe sited and eenstxueted so they are Ft
a souree of sediment, as may be required by Chapter-275 and�or- as paft of an approved ents of the Now York S
T. The amount rl 1 '+c r rr r + after-developme + hall approximate its
mnoff to .,st 1 watef
exists,U. Nat+-ffal floodplains and drainage swales shall not be altered or-disturbed
sueh f4eilities shall, be sited and eonstmeted to minimize and
ate the or-igina4 funetions of the 1J
rr
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 26
Resolution 2024-333 Board Meeting of April 9, 2024
3,T. No land having a slope equal to or greater-than 0
,4o shall be developed or disturbed
exeept for-eonsen,ation measures or-measures intended to remove debris W-hieh inhibits the
shorelines permitted by Chapter 275.Natural vegetation and topegf-aphy shall be retained to
stabilize soils and r-eduee the voltHne of steEmwater overflow.
W . On 1 a havingslopes of less +he„ 20,0 but eomposedof highly or-edible sdisturbanee and no adver-se impaets to the stability of neighboring 1
development proposals shall inelude eansider-ation of the load bear-ing eapaeity of the soils.
UFA, ess it ean be demonstrated that the soils ean be stabilized with a mipAmum of an site
f
proposal the developmei#
hell t h ^1 .assi hm'
rJr1T�rO G-CLi7fJT�GIGO-GGJ-7�[co111 '['c tea.
X. All permanent and/or-final vegetation and meehanieal erosion e rol measures ealled foF
.1 plans ll hell be sta le . .ithi,,, the time limits eeafeu v r
.l h the Steml-water-
Managcmei# Additional Requir-ement�&
rr
waters, or via an >
and that fall within any one of the below eategories will
require the submission QI>:TDDD as t f forth, va Luh'u§ 236 2 C-(I) ft h v+ h' h , ,,sl le
a
J
only rl sediment eAHtr.,l^
vnr��T� ccaxrrrc...—�.� ...
(1) G + t' t' '+' that involve soil '' + lanee ^ or-onef land but less
than five
(a) Single family residential subdivisions with twenty five pereefit er- less impe-
.,t total site build out;
silo,
steekyard or pen; and
(e) Single family homes that
(2) The fe4ewing eenstmetion
of!ate:
(a) histallation of underground, linear utilities, sueh as gas lines, fiber-optie e able r
eleetr-ie, telephone, I nd water sI
> sueh as wetland mitigation pr-ej >
) Bike paths and trails.
rf) S l tt that ehant of the ske, but does + significaai#ly change
raneffeh ete«isties.
(g) Spoil areas that will be eover-ed with vegetation;
/l-1 Land elear-ing .1 grading
lawns,reer-eational parks, meadows, e
post development e
/'\ A th 1 +' fields a / t, 1 grass)that rl t ' the eenstr-aetieftor- st,- e i o- f
111V11N14
,s area and do not alter-hydr-ology from pro to post development
7
Demolition et he e vegetation ,ill he_es' ' '• t - t and
___ __ -_�_ _1_ .4
Y J
is
/1
CT
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 27
� � • _
• _
i -- -
mollm
-
• \
•
1
• _ \-
• • _ •
i •
• • • • • •
ON
I• • •
I• • •NM
` • -
• _ • • - -
Resolution 2024-333 Board Meeting of April 9, 2024
fails to describe and implement sueh listed, or- eligible for listing, on the State or-National Register- of Histor-ie Plaeos. if the applie
0 7
and
ovenunetital ageney to mitigate those ti 7
or-leeal land use approvals evideneing the same.
(d) A `eser-i 3tion of soil(s) �S it �tl silt , ineluding an idenfifieation of the l ydr-olie
V11V
soil group (ucn).
7
/ identifleation of y elements of the design are netin eonf6rmanee withManual. inelude the reason for the deviation or- altemative b
design,
and provide information
whieh demonstrates that the deviation or-altemative design is equivalent to the tee."I eal
standards;
(f) A l ll 1 rl i,< dr-au ;.. an ysis for all + c 1 + f t stom+water
t uluN
management
^ „+rol system;
minimum,(g) A detailed surmnavy (ineluding ealculations) of the sizing er-iter-ia 4iat were used to
Manual, the sunnnat-f
shall address the required design eariteria from the Design
Manual, ineluding the identifieation of
and justifieation for- any deviations ffom the Design
and identifieation of any design
er-iter-ia that are not required based on the design eri4er-ia or-waiver-ei,4er-ia ineluded in the Design
management pr-actiec. The plan shall identify the entity that will be responsible for-the long to
f the t4esholds in
236 19B,these additional
n 1 M �/ J
(a) Deser-iption
Y pest nstru management pr-aetiee to be eonstra
as part of the pr-ejeet.
(l) Site map/ + +'o
management system lt l li design
(d) Comparison + devel
eo
/ Dimensions, materialr
eeifieations and-installation details for- eaeh pest eenst etion
site for the purpose of inspeetion and repair-. Easements shallbe rworded on the plan and shall
mma_- f f +with tfansfer- of title to the prvaPAy.
above, Artiele 7 '
Maintenaneecasement*
(') For-these +' '+' that meet+L +l 1, '1 +forth A 2361 9B(11) 1,the Q�lI7DDU s 11 L Lll l , . �
prepared by a qualified professional who is knowledgeable in the pr-ineiples and pr-aetiees e
ston:awater-management and tFe4ment and intist be signed by the pr-efessienal preparing the
1 1, shall 'f r+ that the ' ^all + + j t pr, +'e meets+1,
_7 J a
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 29
Resolution 2024-333 Board Meeting of April 9, 2024
D. A applieant for- an t' 't. shall t disturb greater than fiveaeres of soil t
y one
time xA4�eut prior-Nwitten authorization from the DepaFtment or-the SMO. At a minimam,the
app1' +naus+ eemp1 with the f 11 . r,b requirements in order-to b authorized to disturb
greater-41ta five aeres of soil at., onV timat
(1) The applioant shall have a qualified inspeeter eanduet at least two site inspeetions in
aeeer-danee with the goner-a!permit(G-P 0 10 001'P �vj en ealendar-days, for-as long as
greater-than five aer-es ef soil remain disturbed he I a shall be separated by
minimum ft, e fall e lev,d r days
7
standard,temporai=y and/or permanent soil stabilizafien measufes shall be installed and/or-implemente
within seven days 4em the date the soil distur-banee aefivity eeased. The soil stabilization
measufes seleeted shall be in eonfoFmanee with the most Guffent version of the teehnieal
Now York State Standards and Speeigeations for Erosion and Sediment Cent-Eel.
(3) The appl' + shall prepam phasing1 that 7 " disturbed area
phase and shows r-e"ir-ed euts and fills.
(4) The applieant shall install any addition ite speeifie pr-aetwes needed to pr-eteet water-
IG �The 1' shall 11 n
(5/ rr the aboveM
�1Zi
T, The S 40 or revoke r r 1' •i
+� 1 t t' - •f tl, CN40
� J suspend
detemines that the S)XTPP does not meet the--requirements of this ehapter-.
F. ne applieant shall notify the Town in ,iti„g f any planned amendments o
required.may be Unless 1 otherwise notified by the Tevffi,the rr1' t shall h the 9
plans,(1) Genstfuetion eempletion guarantee. in order-to ensure the full faithf:ul eompletion 0
all land development aetivities related to eemplianee with all eonditions set feith-by the ToWn in
its appreval of the stennwater-pollution prevention plan, the Tovffi may fequir-e the applieant or-
amount to be deter-mined by the Te�A%based on submission of final design with refer-Onee
unti!the sufety is released from liability by the Tevvm,provided that sueh period shall not be I
than one year-from the date of final aeeeptanee or- sueh other- eeffifieation that the faeility(ies)
hwve been eenstraeted in aeeer-danee with the appr-oved plans and speeifteations and that a on
�r seeptab! to the
�_er_annum interest on eash eser-ew Eleposits shall be reinvested in the aeeeunt until the
sufeh•is released firma liability.
(2) Maintenanee guarantee. Aqflel=ei'-TLoITI Tamer management
7
institiation or surety to ensure proper- operation d maintenanee of all ster-mwater management
removed from operation. if the developer- or landevvner fails to proper-!), operate and maintain
stefmwater management and erosion and sediment eentrel required to pr-evide the TeA%with an iffeveeable leaer of er-edit from an approved finaneial
the Te�A%may dfaw upon
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 30
Resolution 2024-333 Board Meeting of April 9, 2024
ifispeetion eosts.
may r
14 Submissionreports. The SN40may o o tor- n a reporting from e fA ties
subjeet to this Y r-y
i. Bright of eDiff for-inspection. VAen any new stermwater-manage mt faeilit), is insta4led
on private pr-opefty or when any new caenneration is made between private property and the publie.
stefinwater system, the landowner-shall grant to the T-ovffi the right to enter-the PfepeAy-at
reasonable times and in a reasonable manner for-the puTese of inspeetien as speeified in § 236
34-�
i
to submit as buih plans for any stom+water-management praetiecs leeated on site after fina4
e0fis4ur.tion is eompieted. The pjan must show the final design speeifleatiens for a4l stemi-watef
.l must b e eerti .1 1
management f1'+' t Y u professionaleagineef
The applioant sha4l asswe that all other-applieable em,iremacnW pet:faits have been or-,A411 be
acquir-ed for-the land development aefivity prior-to approval ef the fina4 stermwater design P -
A. prior-to the esommeneement of land devc4opfnerA aetivity,the applieant must identify the
eentfaeter-(s) and subeentmetor-(s)that will be responsible for-insta4ling, eenstrueti
> >
SWPPP and the eent-FaeteF(s) and subrren#aeter(s) that will be responsible for-eenstmeting the
B. Tromb, 1' + b, 11an _ ___
f +Y..",.._. .,_-»---+h'+ '11 l,o --- s;b,bA `' 1 esmubeenetnatt-iroanet
oerf+l-ide CI7;7DDP�ast�
spy
one
F
n n
per-son sha4l be knevm as the
trained-oontraetor-is on site on a daily basis when soil di4wbanee aetivities are being per-formed.
G. The appl + ha l 1,ave earsh the eefitfaetor-s .l b + + s identified above sign
the following eet4ifirsation + +o .#bel obefore
n
signature;a4se under-stand giat the applieant must eomply with the tenns and eonditions of the most etiffent ver-si
of the New York State PeIkAant Diseharge Blimination System(SADES) goner-al permit for stoi:mwater-
to a vielatien of water-quality standar-ds. Fufthenmer-e, 1 under-stand that eertifying fialse, ifie-Offeet or-
D. in addition to providing the caeftifieation statement above,the eeffifieatien page must also
responsible f9r- and inelude the name and title of the per-son providing the
implementation; the name
and title of the trained eenlFaeter responsible for SATPP address an A
the name,
site;w1ephone-fituRber-of the e0fAfaratifig firm; the address (or other-identifying deseription) of the
and the date the eertifioation statement is signed. The applicant shall attaeh the eei4ifieatie-n
additional eon1faeters are hired to implement fneastffes identified in the S)AIPPP
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 31
Resolution 2024-333 Board Meeting of April 9, 2024
eenstruction has eemmeneed,they must also sign the eer-fifleation statement and provide the
information listed abow-.
§ 236 23 SsAT P and other- deer eats retained .. site
A eop-yy of the C�r, the gencr-al pe mit(f3Dvr 0 10 001), netiee of intent, fiee of intent
initiatieft of eenst-ruetion aetivities to the final date of stabilization.
inspeetion programs shall be established on any reasonable basis, ineluding but not limited to
> random inspeetions;
sourees of sediment or other eonlaminafAs or-pollutafAs; inspeefiens of businesses or inE�astfies
of a type assoeiated with higher- 4tan usual diseharges E)f eenlamiflants or pellutafAs or with-
disehar-ges of a type whieh are mer-e likely than the typieal disehar-ge to eause vielations of state-
possible vielations; inspeetion of drainage basins or areas ideiAified as higher- than typieal
inspections with other - . Peeting unde ital or- safety laws. inspeetions may
imebade> btA afe not limited >
> >
the eendition f drainaget-Fol F e l;ties and other-
Lylll management r
T�� Ar tiele -`v(-
itli
the N4S4 any materials other-than stefmwater-exeept as pr-evided in § 236 25A below. The
eenunencementA. Prohibition of illegal diseharges.No per-son shall disehar-ge or eause to be disehar-ged ifila
as 1 b ,a as followsit
(1) The following d har-ge
ehapter-0
tmiess the Depai4merA or the munieipality has detenmined them to be substantial
eenlr-ibutor-s ef pollutants: water-line flushing or-other-potable water-sourees, landseape iffigati
or-WA%watering, existing divefted stream flow., .i�4�b "'�-;indwater-,uneentaminated
groundwater-infiltFation to storm dfains, uneepA ka-atead pumped grotmdwatcr-, fe�dafion or-
> springs,
residential ear-washing, natufal ripar-iaa habitat or-wetland flows,residential street wash wa er from individual
water-fFem fire fighting aefivities, and any other-water-soufee net eei#aining pollutants. Sue.h.
exempt discharges shall be made in aeeer-danee with an appropriate plan for-r-ed'doing
!71 Tl' b,arges appFeved i
with ether applieable laws and e
and fta4her-provided that sueh dise may be
speeffied timeperiod
appropriate to pr-eteet sueh life and property while reasenablY Maintaining the PurpOse and itAent
of this ehapter-.
(3) Dye testing in eemplianee with applieable state and le6a! !a-ws is an allowable diseharge-
(4) The Yhib t' shall t to CT apply y
tmerA-waste disehar-ge order-issued to the disehar-ger-and administered under-the author-ity Of
provided that the disehar-ger is in full eemplianee with all r-equir-em s of tbe-
and provided that writ4efl
' ' or order- and other-applieable laws and regulations,
rrr-eva4 has been oYanted for- .. diseharge
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 32
Resolution 2024-333 Board Meeting of April 9, 2024
D, Prohibition of ilkeit vvaaa.vv..a v._...
MS4 is prohibited.
(2) This prohibition ex- 1✓ my � ,.ithotA limitation, ;lke t eenneetions made i the
CzTY
past, regardless of whether-the eonneetion was permissible under-law or-praetioes applieable or-
prevailing at the time of conneetion,
(3) A ' this h + if the - ets a l
C'i 1 '.1 rl t ho iuuvu va1,, r .jn�o no
eonveying sewage to the I
sewage§ 236 26 Failing individual systems prohibited.
to the munieipalityA. Ne per-sons shall operate a failing individua4 sewage treatment system in ar-eastfibutar-y
s N4S4. A failing individual sewage system is one whieh has one or
Inere nth 311owimg n,.litie
(I) The baek-up of sewage into a stfueturv.
(2) Disehar-ges oftfeated or untreated sewage onto the ground suffaeo.
(4) Liquid level in the septie tank above the outlet im,e
(5) Qt + 1 f '1 f „
y eemponent of the individual sewage system that eol,
lead to any of the other f ilufe „dition s a noted i this section.
(6) Contamination of off site suffarae water-and groundwater-.
B. Any failing individual sewage system shall be r-emedied to the safisfaetion of the SN
§ 236 27 Aetivities + ... .,ting of rm t prohibit
(1) Cause or eontfibute to a Violation of the
A. Aetivities that are subjeet to the requirements of this seetion are thosetypes of activities
that-
1
R 236 G Definitions, f this ehapto
B. Sueh aefivities inelude failing individual sewage treatment systems as defined in § 236-
26, improper-management of pot waste or-any other-aetivity that eauses or- eentributes
violations f thoaim munieipalit3ds N4S QPDES penni4 authorization.
G. T Tpen t'f tip that 1engagedor- in ant' t' that use or
eerA:r-ibtAe-to violations of the I 4iat per-son shall
7
eentributes to vielat4ens of the take all reasonable aetions to eeffeet sueh aefivities sueh that he or-she no longer-ea-uses or-
Prevention,
control and Feduetfliffln-of Sto-F-iniv-fiter pollutants by use of best
management pr-actiees-.
A. Best manage nt praefiees. NVher-e the SN40 has identified ilkeit disehar-ges as defined in
T-h e evamer--or operator- of a eennnereial or industrial establishment shall
e
at its
wastes reasonable pr-ateetion from aecidental diseharge of prohibited materials or-other
into the MS4 th h the use f str- a+„ al and nen
(2) Any per-son r-espensible for-a prepeFty or-premises,Whieh is, or-may be, the sewee of
236 27 may be required to
implement> id ons >
additional stfuetur-a
nonstruetufal BN4Ps to r-eduese or- eliminate the sour-ee of pollutant(s)to
(3) C Y �l with all terms d ` validTI QDEQ permit authorizing the
7
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 33
Resolution 2024-333 Board Meeting of April 9, 2024
deemed a plianee y th the provisions of this se
ef polluta-PAs or requir-ing a r-eduetion of pollutants. Where individual sewage 4catment systems
B. Indivi"al sewage treatment system- response to speeial eonditi g no iner-ease
7
regulations,the ow-ner-or-operator- ofssueh in�dividual sewage treatmeiit systems shall be required to eomply
with the applieable i�ules and regulations of the Suff-elk Gounty Department of Health Serviees
and/or-the belew rwrair-emepAs. in instanees where there is a-H ineonsisteney with the bole
As and the Su&lk County Department of Health Serwiees rules and
the
restrietive requirement shall apply,
(1) Maintain .l operate ;,,.1iyi „al_o Ll t l utlal + systems follows:
L
(a) inspecat the septie tank annually to det and sludge aeewnulation. Septic tan
must b pumped
1 .l t whenever-the bottom of the s ,„ layer-
VY J aLal
in thfec inehes of the bottom
of the outlet baffle or sanitary tee or-the top of the sludge is within 10 inehes of the bottom of the
1 fY1 outlet
baffle
/.�e o sanitary
tee.
!h\ Avoid the . of septie tank additives-.
wastes,(e) Avoid the disposal of exeessive quantities of detergents, kiteahen wastes,
l household h 1 .7
butts,(d) Avoid the disposal of eigarette disposable diapers, sanitary napkins,
trash and oth
sA h items-..
(2) Repairor- 1aec individual sewage treatment systems f 11
( ) T aeeer-d&qec with 10 NYGRR A r „d
rre
!1\ A design
absorption
professional
f anyt,r b or rpt;or field that ' 1< o
�
f 1 l T? 1 t' or- ex4ending an absorption area to a leeatien not previously approved for-
sueh-.
[ ] installation f a e 7 + t + system t the - 1 t'
[3] U f alternate systemorinnevative system designor-t linelegy
! \ A '++ eeFtifieate of eomplianee shall be submitted by the design professional to the
munieipality at the eempletion of eenstmetion-of the repair-or-replaeoffient system.
A The SN40 may, without prio• r-n � 7 Ye a N4S discharge per-son s t ,.ho
sueh
suspension t + an nt„nl or
tlifeatened diseharge Y
present inu:ninetA and substatAial-danger to the envir-op o fare e p r- on-,
iment, to the health r-we! f es
7
er to the NIS 4. The SMO shall notify the per-son of sueh suspension within a reasonable time
thereafter-in vmiting of the r-easens for-the suspension. if the violator-faiis to reemply with a-
. n order- issued in an
7
prevent the SN40 may take sueh steps as deemed neeessary to
minimize er rlamage t the T AC' or-t to per-sons.
B. Suspension� to the
t ten ^'ll' 't discharge. Any per-son to t
ai,oiiux c•
munieipalityI
termination would abate or-rwliaee an illieit diseharge. The SN40 will netify a vielator-in Vffiting
of the termination f it MS4 PA the ther-efer, The violator-may petition
proposedu.�v
the SN40 in mmiting for
.
Aeeess may be gr-anted by the SNIO if he/she finds that
the ill' 't d h 0 .l and heeasthe ' ehaf l taken steps t prevelat its Tom"_ _e
or-is likely to A eommits an off-ense iftl per-sont t A4Q4 aeeess to premises
t + ,1 - t t this seet' .;the t th
r i •.
val of the S
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 34
Resolution 2024-333 Board Meeting of April 9, 2024
requiredshall E;Omply with ag provisions of sueh per-mit. Proof of eomplianee with said permit may be
+ b + the ali+.,prior-to the allowingf d 11 to the Tacn
Y ,.,r �
A. App�6ab 1't. This +' l to all �f4eil
� rr
exists,ion of this ehapter or-whenever-the authorized enfor-eemerA ageney has eause to
or potentiallyexists,
reens+'+ + avielation f this ..hapter,
B. Aeeess to f •l'+'
(I) The SN40 shall b permitted t enter- ' inspeet '' 1't' bj t to regulation this
premises,ehapter- as often as may be neeessar-y to determine eompliamse with this ehapter, if a disehar-gef
has seeufit-y measures in for-ee whieh require preper-idenfifieation and elear-anee before enlFy into
its
the discharger shall make the neeessary aff angements to allow a6eess te the SN40.
(2) 1~ 'l•t, operators shall all the SN40 ready aeeess to all paFts of the f the
purposes f 1 +' , + l v examination A,,,1 e ,l f b required+
deviees as are neeessar-y in the epinien ef the SNIQ to eenduet monitoring and/or-sampling of
f l't< I t m ter- .Been
f4eilitymonitoring equipmei# bly neeessar-y to deter-mine eomplianee with this rahapter.
s samp1ing and�aenitor-ing equipment shall be maintained at all times in a safe and proper-
operating eondition by the disehar-ger-at its own expense. All deviees used te measure
stofmwater-flow and quality shall be ealibr-ated to ensure their- aeewaey,
ehapter-is-a violation of this ehapter. A per-son whe is the operator- of a fwility subj eet to this
ehapter- eemmits an offense if the per-son denies the munkipality reasonable aeoess to gic fiwility
_ __ author'v�u ose of .r , Y T
_or the r a `. -
(6) if the SN40 has been refused aeeess to any paft of the pFemiscsfxom AA44kh S
disehar-ged a-nd he/she is able to demonstrate probable eause to believe that there may-be a
vielatien of this ehapter- or-that there is a need to inspeet anWer sample as part of a r-eutine
inspeetion and sampling pfogr-am designed to verify eomplianee with this ehapter- er-any order-
issued hereunder-, then the SN40 may seek issuamee of a seareh wamni ftem any eetn4 of
Notwithstanding other-requir-emei#s of as seen as any per-son respen ible for a faoility or
stomiwater is
operation,
7
has information 0
1newn or- t ,l release f.materials bieh_are lt' may It - i 1
•x
susY
hazardous materials, said per-son shall inamediately Fietify em r-901'ey i-e-spease ageneies of the
said per on sifia-11:fletify the mifflieipa4ity in per-son or-by telephone or-faesimile no later-than the-
ncx4 business day. Nofifieations in persen or-by telephone shall be eenfi ed byxATitten fiefiee
addressed and mailed te the munieipality within t4ce business days of the telephone Refiee. if
the disehar-ge of prohibited materials emanates from a eenHner-eial er industfial disehar-ges of pelkAants disehar-ging k4a the-NIS4, said per-son sha4l take all neeessary steps te
the owner-or-operator-of sueh establishment shall also retain an on site vffitten meerd of the
least st tluee years.
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 35
Resolution 2024-333 Board Meeting of April 9, 2024
AftieieV
Administration and Enforcement
responsible f f + of theprevisions
Y ehapter and have the authority to issue
fines,violations of this ehapter, The Tewn Attomey shall be responsible for-prosceutien of any sue
violations. in addition to the above provided the Tevai Board may authorize an aetion ef-
preEe@ding in thename of the T ft f + + ' sdietiel to r�nl ,
!� 1 Y J mr ml
with to restrainb etien the: el ties E)f this eh ter
or- tll FJ
J J ' +
11{il gVv•
the fellewi-tl.
A. Erosion sediment eentrol inspeefien. The Offiee f Code E49reement +t,
l_ _+er-and may 'tb,er- approve that portion n^r the wor1 eemp1 4 rl or- +'F the applieffint
wherein the work fails te eemply with the requirements of this ehapter-and the stem+wate
pollution prevention plan/Q7Dpp\ ., ppr, .l.o T.. obtain - ---- -- - the _ -._l: a...a ,.L.,.11 ...,.tthe :�,
i
s Building inspeeter at least 4 8 hours before any Of t-L.R-:IF!0j4A-Av ed by the
(1) installation f sediment and erosion eontr-elo
(2) Start of site,t
(3) Staft f,.,,,,g gr--ding;
(7) C' f 1 establishment
e
exeavation or-develepmeiA of land in vielatien of this ehaptef
shall be eeffeeted feAh-with after-vffitten notioe by the Office of Code Enfor-eeffient or the
Building lnspeeter-- in the event that eeffeefive aetion is not taken as direeted m4thin a reasonable
time, the Toym may, at its o w%expense, take eeFrective t' to r-ester-e-the pr-er cAy or-initiate
legal actien to prevent unlawful or-unauthorized aetivity. The oest of restoration shall beeome a
1' upo- the pr-epeFty upon whiehsueh unlawful .twit. oeourred.
until all work required to be eempleted pursuant the plan has been eempleted to the
of the SN40-.
D. Fines. A r-espensible party, eymer, eeeu ant, builder-, u
e
of this ehapter-, er-faisifying infeEmatien in eenneetieii with the requirements of this or any ether-per-sen undeFtaking elearing, emeavatien or development of land in violation
more than upon eonvication, shaI4 be guilty of an effense,punishable by a f4ne 4-�t less than$5 00 and
000. S h per-sen shall be deemed guilty ef a separate offense fer-eaeh day during
1-' l- a violation f this1, to eenunitted or-een+i..
§ 236 35 11hei+ disehar—�_1
Violations f AAiele 1A7 f this eh ter are s bjeet-to the following.:
r
A. A�Ttrc�f—violation.
. .
(1) When the Offiec e f Code Eafer-eemenj er Building inspeetor-finds that ai+y re pensible
party, > > > arehiteet,
eep,4raeter-or their-agetAs or-any other-per-son has
violated a-pr-ehibifien er failed to meet a requirement of AFtiele W, likeit Diseharges,he/She
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 36
Resolution 2024-333 Board Meeting of April 9, 2024
.-%i a ,ithout limitation.!
! Tl, elimination f;ll; ;+eennen+; ,++ ,+ .1;s L, ,«nog
k-11
!1-.\ Thatlat p .-1; ehavQe , l v +;i.eo or operations shall al1l1eease .a desist;
i
C J r
elltAien or eenlamination hazards and
restoration of any .,ff +eel p
l.J i
C
!,1\ The ... anee efmonitorianalyses, rl +•+;..n•
Y f b� r o
Ce Payment 6f a fine; and
(f) The implementation of seuFee een+« 1 or-tfeatmen+B TD
(2) if abatement of a violation and/or-restoration of affected prepeFty is required, the notiee
shall set feAh a deadline within whieh sueh reffiediation ef:r-esteratien ffimust be eempleted. Said
netiee shall fuAher-advise that should the violator-fail to remediate or-restore withi
established deadline, the work wili be done by a designated gove ental ageney er-a eent-Faetor-
and the expense thereof shall be eharged to the violator.
B. Fines. J responsible party, > e „r a ul
iteet, eentraeter- or-their-
emeavation or-development of land in vielat
of this ehapter-, or-falsifying infermation in eenneetion with the r-equir-emepAs of this ehapter,
upon +' 7 shallbJ punishable b •1+, f e than u fine of not lesss
not more than$5,000. Sueh per-son shall be deemed guilty of a separate off-ense fer each day
dufing b,' 1. a violation f this ehapte een
n r__ eetli V e m asufes.
1
! \ if the vielation has not been eeffeeted pufsuanl to the r-equir-ements set ferth in the He
violation,of
then gie 4ffiee of Cede Enfor-eement or-the Building lasperater sha4l request the
ivale {Jtl 4 Y to take 1
and all measures
Y Je 1 v
reasonably neeessar-y to abate the vielation and/or restore the property.
(2) if refused aceess to
violation has enter-upon the property te deteEmine whether-a violation has oceuffed. Upon deteEmination that
the offiee of Code Enfer-eemei4 or-the Building inspeeter-may seek a
eseuA order-to take any and all measufes reasonably neeessar-y to abate the violation and/or-
restore the propeft�'. The eost of implemetAing and maintaining surah measufes shall be the sole
responsibility of the disehar-ger.
D. T +' relief-. it 1 11 1 unlawful er-anyto violate
- fail to
eemply with any of the requirements of this ehapter-. if a per- .-elated or-e01A nu
eempell' t e per-son+ perfonn abatement.,r-r-emediation of the violation.
federal,The r-emedies listed in -bis rahapter-are not exelusive of any other-r-emedies available under-any
applieable state or leeal >
and it is w4hin the diseretion of the authorized eafereem
ageney to seek cuffmiative remedies-.
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
Updated: 4/10/2024 10:44 AM by Lynda Rudder Page 37