HomeMy WebLinkAboutImplementation of an LWRP Compliant Storm Water, Grading, Drainage & Erosion Control Code
ENVIRONMENTAL PROTECTION FUND
APPLICATION FOR STATE ASSISTANCE PAYMENTS
LOCAL WATERFRONT REVITALIZATION PROGRAM, YEAR 2006 - 2007
1. APPLICANT MUNlCIP ALITY:
City Town Village of:
Town of South old
2. APPLICANT MAILING ADDRESS:
(no. & street)
P.O. Box 1179, 53095 Main Road
(city)
Southold
NY (zip)
11971
3. FEDERAL TAX IDENTlFICATIONNo. 11-6001939
4. CONTACT PERSON:
James A. Richter
TITLE: Engineer
5. PHONE:
( 631 ) 765-1560
FAX: ( 631 ) 765-9015
6. CONTACT MAILING ADDRESS (if different from applicant)
(no. & street)
(city)
NY (zip)
1. PROJECT NAME: Drafting, Authorization & hnplementation ofanLWRP Compliant
"Storm Water, Grading, Drainage & Erosion Control Code" for Southold Town.
2. PROJECT LOCATION: COUNTY: Suffolk USGS MAP Attached X
NEW YORK STATE SENATE DISTRICT: SD 1
NEW YORK STATE ASSEMBLY DISTRICT: AD 1
3. PROJECT TYPE:
Urban waterfront redevelopment
Preparing or implementing a waterbody/watershed management plan
Coastal education and NYSCRIP signage programs
Making the most of your waterfront - community visioning and development of revitalization strategies
X Completing or implementing a Local Waterfront Revitalization Program
Creating a Blueway Trail
4. NAME OF WATERBODY:
Long Island Sound & Peconic Bay - (Which are
part of Federal Estuary Program) Waterbody's
include all Fresh water Wetlands and 35 Creeks,
Ponds & Inlets within the Town of Southold.
5. NAME OF PRIORITY W ATERBODY LISTING SEGMENT (if appropriate):
1. Proposed Start Date:
3. Total Project Costs:
Sept. 1, 2006
$ 50,000.
2. Expected Completion Date:
4. State Assistance Requested: $
5. Local Share: $
Dec. 31, 2007
25,000.
25,000.
In three sentences, describe the project type, purpose and location; the need for the project; and what will result if the
proj ect is undertaken.
The importance ofprotectiog Local Waters, Town Highway Systems and Adjacent Property from erosion and surface water run-off
created by development bas been prominent in the Town's Local Watemont Revitalization Program (L WRP). Primary issues of concern
would be to prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards and adversely
affect Soil Conservation within the Town of Southold.
The proposed project would revise the Town Code by Drafting and Incorporatiog a New Section of Town Law titled "Storm Water,
Grading, Drainage & Erosion Control Code". The purpose of this subtitle shall be to protect, to the greatest extent practicable, life,
property and the environment from loss, injury and damage by pollution, erosion, flooding, and other potential hazards, whether from
natural causes or from human activity. This subtitle would protect surface waters and freshwater wetlands from pollution, meet the
requirements of state and federal regulations under the NYS DEC NPDES pennit and fulfill the responsibilities of the Town as trustee of
the environment for future generations.
X Municipal resolution is attached.
I hereby affIrm under penalty of perjury that information provided on this form and attached statements and exhibits is true
to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant
to Section 210.45 of the Penal law.
(print name) Scott A. Russell (title) Town Supervisor of (entity) Town of Southold
(Date)
(signature)
2
Briefly describe the proposed project, including a description of the objectives to be achieved,
problem(s) to be addressed, and anticipated environmental benefits of the proposed project. If the project
is a construction project, describe, as appropriate, what will be constructed, the management practices or
technology to be employed, and land ownership. Attach site plans and design drawings, if available, and
include photographs of existing site conditions.
Identify the project's component tasks or stages and their costs, and provide a schedule for their
completion. Clearly identify the nature of the local funding match.
Proiect Descriotion:
This project shall include the Drafting and implementation of a New Section of Town Law titled "Storm Water,
Grading, Drainage & Erosion Control Code". At the direction of the Town Board, Town Attorney and in
consultation with the Department of State, the Town shall either prepare or have a consultant prepare a Draft Code
for Storm Water, Grading, Drainage & Erosion Control.
Proiect Obiectives:
I. This project would, with regard to new construction and/or development, remediate Storm Water, Grading,
Drainage & Erosion Control problems withio the limits of the Town of Southold. The New Code will involve
reducing the impact of storm water run-off by naturally filtering it through drainage structures or bin-filtration
systems for any and all proposed land clearing and/or development.
2. The purpose of this subtitle shall be to protect, to the greatest extent practicable, life, property and the
enviromnent from loss, injury and damage by pollution, erosion, flooding, and other potential hazards, whether from
natural causes or from human activity.
3. This subtitle would protect surface waters and fresh water wetlands from pollution, meet the requirements
ofstate and federal regulations under the NYS DEC NPDES pemrit and fulfill the responsihilities of the Town as
trustee of the enviromnent for future generations.
4. It is expressly the purpose of this proposed subtitle for Southold Town Code to provide for and promote the
health, safety and welfare of the general public.
3
Conmonent Tasks:
Note: The following project consists of the Drafting and implementation of a New Section of Town Law titled
"Storm Water, Grading, Drainage & Erosion Control Code",
PROPOSED DRAINAGE CODE:
CHAPTER 1
TITLE, PURPOSE, SCOPE AND AUTHORITY
TITLE
PURPOSE
SCOPE
POTENTIALLY HAZARDOUS LOCATIONS
REQUIREMENTS
COMPLIANCE WITH OTHER LAWS
TOWN PROJECTS - COMPLIANCE
REQUIRED INSPECTIONS
AUTHORITY
TOWN LIABILITY
CHAPTER 2
DEFINITIONS
A... Through Z...
CHAPTER 3
STORMWATER, GRADING, DRAINAGE,
AND EROSION CONTROL
SCOPE AND EXEMPTIONS FROM SUBTITLE
PROHIBITED DISCHARGES
REQUIREMENTS FOR ALL DISCHARGES AND LAND USES
DRAINAGE, EROSION CONTROL, AND SOURCE CONTROL
ADDITIONAL REQUIREMENTS FOR LARGE PROJECTS
DRAINAGE CONTROL REVIEW AND APPLICATION
DRAINAGE CONTROL PLAN REGISTRY
INSTALLATION OF DRAINAGE CONTROL FACILITIES
MODIFICATIONS OF DRAINAGE CONTROL
MAINTENANCE AND INSPECTION
CHAPTER 4
GRADING
SCOPE
GRADING IN AREAS OF SPECIAL FLOOD HAZARD
GRADING PERMIT OR APPROVAL REQUIRED
GRADING PERMIT OR APPROVAL: APPLICATION
GRADING REQUIREMENTS
PROTECTION OF ADJOINING PROPERTY
ERSOION CONTROL
BOUNDARY LOCATION
FENCING
GRADING APPLICATION: REFERRAL & CONSULTATION
GRADING APPLICATION: CANCELLATION
GRANTING I DENIALGRADING APPROVALS & PERMITS
EXPIRATION OF GRADING PERMITS
GRADING INSPECTION
COMPLETION OF GRADING WORK
GRADING MODIFICATIONS DURING CONSTRUCTION
CHAPTER 5
ADMINISTRATION AND ENFORCEMENT
EXCEPTIONS TO REQUIREMENTS
LIABILITY AND DEFENSES OF RESPONSIBLE PARTIES
RIGHT OF ENTRY
ENFORCEMENT ACTIONS
ENFORCEMENT OF NOTICE OF VIOLATION
VOLUNTARY COMPLIANCE AGREEMENT
PENALTIES AND DAMAGES
COLLECTION OF COSTS AND PENALTIES
PUBLIC NUISANCE
VIOLATIONS
ADDITIONAL RELIEF
SUSPENSION OR REVOCATION
FEES
FINANCIAL ASSURANCE AND COVENANTS
SERVABILlTY
DATE OF INITIAL ENFORCEMENT
Project Costs:
Project estimate: $ 50,000
This item would include all printing and related costs associated with the drafting and processing of new Town Code
ordinances.
Local Fundin!! Match:
Town of Southold's drafting and implementation of a New Section of Town Law titled "Storm Water, Grading,
Drainage & Erosion Control Code" Project will be matched, for the most part, by Salaries & Fringe Benefits
associated with the project. However, part of the match may come from professional fees related to consulting
activities.
4
Describe (if applicable) how the project proposed for funding complements related activities funded or proposed for
funding under the Environmental Protection Fund, Small Cities funding from the Governor's Office of Small Cities, the
New York Main Street Program, federal grant programs, and other sources of funds. (Submission of a chart or other
graphic that shows how the proposed project is part of a larger plan of action is encouraged).
The Town of Southold is connnitted to enhancing the existing water quality in the Town, and to use measures which have a reasonable
probability of managing Storm Water Run-off, Erosion and Water Quality Issues. This project is a proposed creation ofa new section of
code to require the containment and recharge of all run-off generated by development. The following list represents a sample of projects
andlor studies that have been undertaken in the Town of Southold:
I) Local Watemont Revitalization Prol!flUl1 IL WRP: Comoleted\
Comprehensive study, Completed in 2003, which contains in an inventory of the Town's Natural and other resources, as well as plan for
the management of those resources. It has extensive sections describing Town policies and techniques for implementing the proposed
strategies.
2) Southold Town Watemont Revitalization Initiative lOueoine\
A study contracted to address needs highlighted in the Town L WRP such as; education outreach, GIS update and expansion,
comprehensive shoreline inventory or natural and artificial structures and local resource and habitat management plans.
3) LWRP ImolementationProiects IComoleted\
A study contracted to Cornel Cooperative Extension to address additional L WRP needs such as wetland code revision, public education
in storm-water runoff and erosion and sediment control guidelines development.
4) Harbor Manaeement Plan IComoleted\
Outlines strategies for generic and harbor specific management goals.
5) Mattituck Creek Watershed Analvsis IComoleted\
A report that conducted a comprehensive study to identify the acute and chronic pollution sources in Mattituck Creek. In addition, the
information was used to assess potential treatment alternatives on a sub-watershed basis. Many of the remediation recommendations
have since been funded and implemented; including efforts between the Town and Suffolk County.
6) Shoreline Monitorine Southold Town Line to Horton Point. ISvrine 1999\
A study contracted to carry out beach profile surveys along the Town shoreline and provide a bathymetric survey of the Goldsmith Inlet
offshore area in the Fall of 1998 and the Spring of 1999. The Purpose for these surveys is to monitor changes in the beaches and to
estimate longer term changes in the Goldsmith Inlet Area.
7) Benefit Analvsis. Duck Pond Point to Horton Point. lDecember 1998\
A study to assess the impacts of erosion on the shoreline in the Duck Pond Point to Horton Point Area to provide a sunnnary of analysis
related to potential benefits for alternative erosion mitigation proposals. This Benefits Analysis identified how much value was being
lost and estimated how much the losses could be reduced through implementation of proposed erosion mitigation and which
complimentary measures might be undertaken.
8) Enviromnental Inventorv: Riverhead Town Line to Horton Point - Proiect # 98002 ISeotemher 1998\
A study contracted to quantify and list the results of an Enviromnental Inventory that would include a comprehensive species list and
database. The resultant report indicated baseline water quality and benthic conditions within and adjacent to Goldsmith Inlet and Pond
and to develop base and overlay maps depicting the relevant species, tidal and freshwater wetland resources and temporal restriction
zones.
9) W orkshoo to Examine Erosion of the Coastal Barrier Landform between Duck Pond Point and Horton Point. IJune 1996\
A Workshop Organized by the town of Southold and the Departroent of State for the purpose of addressing the erosion problems at
Goldsmith's Inlet. The Workshop gathered together representatives from all parties who have a stake in the outcome, together with
experts on coastal processes, to formulate a consensus on a reasonable course of action to address the erosion.
In addition, the Town of Southold established a Storm Water Management Connnittee in July of2002. This connnittee was developed to
address storm-water management and water-body quality issues. It is a taskforce which includes representatives from multiple levels of
government, volunteer groups, and not-for-profit organizations including: the Town Trustees, the Town Board, the Town Engineering
Departroent, the Planning Departroent, the Town Supervisor's Office, the Conservation Advisory Connnittee and Cornel Cooperative
Extension. This connnittee is responsible for proposing and implementing water-body remediation efforts using existing funds and for
establishing long term goals and strategy development.
5
Briefly describe how the proposed project is consistent with the policies or implements a project identified in the Local
Waterfront Revitalization Program (L WRP). If the proposal is for the preparation of a L WRP or a component of a L WRP,
describe the issues, opportunities, and resources that will be addressed; note any related recently completed plans.
L WRP Priorities - The proposed project is consistent with the overall goals of the L WRP in that it promotes partnership
between the State and the Local Municipality for the purpose of protecting and managing Coastal resources. Specifically,
the proposed project directly addresses policies such as the following:
Section II; Inventory and Analysis; B. "PLANNING FRAMEWORK";
# 19. New York State Coastal Non-Point Pollution Control Program.
Quole:
"The New York State Coastal Non-Point Pollution Control Program can be a means of implementing pollution Control."
"As point sources of pollution are controlled, non-point pollution makes up a greater proportion of the total remaining
pollution load to a system."
Section II; Inventory and Analysis; E. "NATURAL RESOURCES";
# 9. Surface water Quality;
(iv) Sources of pollutants affecting water quality; (b) Non-Point source pollution
Quole:
"Storm-water runoff adversely affects water quality and quantity in several ways. Alteration of storm-water drainage
characteristics results when permeable natural land surfaces, such as woodlands and meadows are covered with impervious
surfaces, such as paved streets, walkways, building roofs, etc. Rainwater falling on streets, parking lots, and many
driveways dicks up and moves contaminant into surface waters."
(v) Watershed Protection;
Quole:
"The surface marine and fresh water resources of the Town of Southold are among its most valuable and aesthetic assets.
Although significant strides have been taken in reducing the impacts of point and non-point sources of pollution, these
water resources continue to remain at risk. Today's challenges focus on resolving the remaining pollution problems,
particularly those associated with non-point sources from human land uses and protection and restoring the natural
resources of the valuable ecological complexes and aquatic ecosystems of the Peconic Bay Estuary."
Section ill;
Policy 4
Policy 5
LOCAL WATERFRONT REVITALIZATION POLICIES;
Minimize loss of life, structures, and natural resources from flooding and erosion;
Protect and improve water quality and supply in the Town of Southold;
5.1 Prohibit direct of indirect discharges that would cause or contribute to contravention of Water Quality
Standards.
Protect and restore the quality and function of the Town of Southold ecosystem;
Policy 6
LWRP Implementation - The proposed project will implement several LWRP recommendations as indicated by the
following Town of Southold L WRP excerpts:
Section V - Techniques for Implementing the Local Waterfront Revitalization Program
C. Proposed Studies and Projects, including Harbor Management Plans, for implementation;
* Best management Practice for Storm-water Run-off
ProDosed Proiect
. Erosion and Sediment Control Law / Standards for Grading and Drainage
6
,
Identify key personnel and briefly describe their qualifications.
James A. Richter works in the engineering department for the Town of South old and will act as project coordinator.
Mr. Richter has been involved with Road End and other Town Wide Drainage Projects over the past fifteen (15) years. Mr.
Richter has re-written Town Code, Highway Specifications and other sections of code under the direction of the Town
Attorney and as requested by the Town Board. Mr. Richter is responsible for coordinating Grants and Construction
Projects for the Town Highway Department, the Town Department of Public Works and the Town Board of the Town of
Southold.
James McMahon is the director of Public Works for the Town of South old. Mr. McMahon has coordinated Grant Projects
for the Town Board, the Highway Department, the Department of Public Works and the Town Office of Community
Development for over twenty (20) years.
Patricia Finnegan is the Town Attorney.
Kieran Corcoran is the Assistant Town Attorney.
Construction projects should be achievable during the contract period. Indicate permits and approvals needed, status, and
the expected issuance date, if they are not already acquired.
NONE
Describe the nature of operation and maintenance, and resources to be devoted to each.
This Proposed new Town Code will require the coordination of all Municipal, State and Federal Agencies for their input
and comment. All Town departments dealing directly with the permitting process and Town Code Enforcement will be
represented in the final draft of proposed code language.
7
Salaries and Wages $0 $ 25,000 $ 25,000
Travel $0 $0 $0
Supplies and Materials $0 $0 $0
Equipment $0 $0 $0
Contractual Services $ 25,000. $0. $0
Other $0 $0 $0
Totalll $ 25,000. $ 25,000. II $ 50,000.
Reasonableness of Cost Certification:
By submission of this application under the 2006-2007 Environmental Protection Fund Local Waterfront
Revitalization Program, the Applicant hereby certifies that all components of the requested Total Project Cost are
reasonable and necessary for the conduct of the proposed project and that prudent analysis has been undertaken, as
outlined below, to insure that all costs are consistent with current prevailing costs for such goods and services in
the geographic area benefiting from the project.
Local "Qualified" Contractors provided cost estimates using preliminary plans depicting the scope of Work. All estimates
have been adjusted to account for prevailing Wage.
1. SALARIES & WAGES, including fringe benefits (List by title and affiliation)
AMOUNT CHARGED
TITLE ANNUAL SALARY TO THIS PROJECT
James A. Richter, TOS Engineering $ 65,000 $ 15,000
James McMahon, TOS DPW $ 86,000 $ 2,000
Patricia Finne!1:an, Town Attornev $ 90,000 $ 4,000
Kieran Corcoran, Asst. Town Attorne, $ 75,000 $ 4,000
SUBTOTAL $
$ 25,000
8
,
Ir. TRAVEL
II
SUBTOTAL $
$0
3. SUPPLIESIMATERIALS (Describe and indicate cost by type).
SUBTOTAL $ $ 0
<I. EQUIPMENT (Describe and indicate the cost of each item).
SUBTOTAL $ $ 0
Is. CONTRACTUAL SERVICES (Describe services to be acquired and cost of each, if more than one
ItYpe of service will be secured. Include where indicated the required amount for Training).
SUBTOTAL $ $ 0
6. OTHER (List professional volunteer services and time at market rate, and describe the services to be
IProvided. List non-professional volunteer services and time at $15.00 per hour, and describe the services
~o be provided).
SUBTOTAL $ $ 0
9