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STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
ELIOT SPITZER
GOVERNOR
May 3, 2007
LORRAINE A CORTES-VAzQUEZ
SeCRETARY OF STATE
~Jal) DAlOl PIO~lnOS
Lynda M Bohn
Deputy Town Clerk
Town Hall, 53095 Main Road
PO Box 1179
South old NY 11971
~
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RE: Town of Southold, Local Law No.9, 2007, filed on April 13, 2007
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.state.nv.us/corp/misc.html.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
WWW.OOS.STATE.NY.US . E-MAIL: INFO@OOS.STATE.NV.US
ELIZABETH A. NEVILLE .
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
.
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
April II, 2007
Certified Mail
Linda Lasch
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Number 9 of 2007
Town of South old, Suffolk County
Dear Ms. Lasch:
Town Hall, 53095 Main Road
P.O. Box 11 79
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown. northfork. net
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Number 9 of 2007 of the Town of South old,
suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the enclosures
in your office. Thank you.
Very truly yours,
J;cp.AYnbO
Lynda M Bohn
Southold Deputy Town Clerk
Enclosures
cc: Town Attorney
SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 27,2007
5 :00 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day
of January, 2007 a Local Law entitled "A Local Law in relation to Stormwater.
Gradin!! and Draina!!e Control" and
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 the Southold Town
Hall, 53095 Main Road, Southold, New York, on February 27, 2007 at 5:00 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 Stormwater. Gradin!!
and Draina!!e Control" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Stormwater. Gradin!! and
Draina!!e Control".
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. A new Chapter 236 of the Code of the Town of South old is hereby adopted as
follows:
~ 236-1. Title. This local law shall be known as the "Stormwater, Grading and Drainage
Control law".
~ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 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. The variance provision ofthis local law shall
supersede any inconsistent portions of the Town Law Section 267-a and govern the
subj ect of variances in this local law .
~ 236-3. Purpose. It is the purpose ofthis local law to promote and protect, to the
greatest extent practicable, the public health, safety and general welfare by:
(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
wetlands, which contribute to the accommodation of flood waters 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; and
(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
discharge onto public lands, neighboring properties or natural protective features.
( e) Promoting the recharge of stormwater into the fresh water aquifer to protect the
drinking water supply and minimize salt water intrusion.
~ 236-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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 PRACTICE - Procedures and methods pertaining to
construction activities which are intended to prevent stormwater runoff, retain valuable
topsoil and minimize water pollution.
BUILDING INSPECTOR - The persons(s) appointed by the Town Board to enforce the
provisions of South old Code Chapter 280 and this chapter.
CLEAN FILL - Naturally deposited earthen material from an approved upland borrow
source.
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.
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 landforms. 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 ofthat 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., drywells, sumps, berms, etc.) for the collection and conduction of storm water to an
adequate facility for its storage and disposal.
EROSION - The wearing away ofland as a result of the action of natural forces or man-
related activities.
EROSION, SEDIMENTATION AND STORMW A TER RUNOFF CONTROL PLAN -
A drawing showing the proposed use of the site and the methods, techniques and
improvements, both during and after construction, that will be employed to control
erosion, sedimentation and stormwater runoff, which shall employ best management
practices. Where the nature of the existing conditions and proposed activities warrant,
the Building Inspector may require that such plan be prepared by a registered design
professional licensed in the State of New York.
EXCA V A TION - 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.
GRADING - The excavation, filling or alteration of the surface or subsurface conditions
ofland, lakes, ponds, or watercourses.
ILLICIT DISCHARGES - Illicit Discharges shall include but not be 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.
IMPERVIOUS SURF ACE - 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.
MUNICIP AL PERMIT - Any permit, grant, approval, license, certificate or other
authorization issued by the Town of South old including but not limited to permits for
building, grading, demolition, clearing and excavation and subdivision and site plan
approvals.
NATURAL DRAINAGE - The stormwater runoffpattems resulting from topographical
and geological surface conditions, prior to clearing, regrading or construction.
NATURAL WATERCOURSE ~ The route farmed 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.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland
and the vegetation thereon.
ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of
flooding that, on the average, is likely to occur once everyone hundred (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.
RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal
permits, and any other person or entity contributing to an act regulated by this local law.
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.
SITE PREP ARA TION - The activities of stripping, clearing, grubbing, excavating,
filling, and grading to facilitate construction or other use of the land.
STORMW A TER RUNOFF - That part of precipitation 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.
TOPSOIL - The uppermost layer of soil, usually the top 15-20 cm, it having the highest
concentration of organic matter and microorganisms, and where most of the Earth's
biological soil activity occurs. Plants generally concentrate their roots in, and obtain
most of their nutrients from this layer. Topsoil can be measured as the depth from the
surface to the first densely packed soil layer known as hardpan.
~ 236-5. This local law shall apply to all property within the Town of Southold, and shall
govern:
A.
All grading, drainage and erosion control, whether or not a permit is
required;
All new or replaced impervious surface and all land disturbing activities,
whether or not a permit is required;
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.
Discharges from private properties to adjoining properties, without
express permIssIOn.
Discharges to public drainage control systems and networks, without
express permISSIOn.
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 storm water discharges, responsible parties shall implement and
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.
Maintaining private roads, streets, driveways, parking lots and
walkways.
Identifying and eliminating unauthorized connections to Town
Drainage Control Systems and Public Right-of-Ways.
Maintaining and protecting Natural Drainage patterns.
Maintaining and protecting Natural Watersheds.
B.
c.
c.
D.
E.
maintain
B.
C.
D.
E.
~ 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 Drainage Control Permit 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.
~ 236-10. Activities Requiring a Drainage Control Permit.
None of the following activities shall be undertaken until a Drainage Control Permit has
been issued 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, bluffor
coastal erosion hazard area.
5) Site preparation within the one hundred (100) year floodplain of any watercourse.
The following activities shall be exempted from such review:
I) 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,~, open decks, where the removal of topsoil allows
for the recharge of groundwater.
~ 236-11. Compliance.
Where a Drainage Control Permit is required by this Local Law, all development,
construction, excavation and landscaping activities shall be conducted in accordance with
an approved Erosion, Sedimentation and Stormwater Runoff 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 and require a Drainage Control Permit shall also submit an
Erosion, Sedimentation and Stormwater Runoff Control Plan to the
Building Inspector.
b) Upon receipt by the Building Inspector of any application for a Drainage
Control Permit to conduct any activity regulated by this law, the Building
Inspector may refer the proposed Erosion, Sedimentation, and Stormwater
Runoff Control Plan to the Town Engineering Department for comment
and recommendation. No municipal permit that shall be issued for
activities requiring a Drainage Control Permit, nor shall any application
therefor be deemed complete, until the Building Inspector has first issued
its approval of the Erosion, Sedimentation and Stormwater Runoff 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:
I) A vicinity map drawn to a scale of not less than two thousand
(2,000) feet to one (I) 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 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 Erosion, Sedimentation and
Stormwater Runoff Control Plans.
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 ofthe NYS DEC SPDES Program 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.
1) 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.
0) 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 ofless than twenty (20) percent, but composed of
highly erodible soils, development proposals shall include consideration of
the load-bearing capacity ofthe 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. Approved Plans.
Plans approved by the Building Inspector in conjunction with the issuance of a Drainage
Control Permit shall also be filed with the County Clerk indicating that such plans are
binding as against future purchasers, granting the Town permission to enter the property
for compliance enforcement purposes, and containing a summary of the plan's
requirements.
~ 236-15. Variances.
A variance may be granted by the Zoning Board of Appeals of the Town of Southold
upon receipt of an application from a property owner which demonstrates unnecessary
hardship from the imposition of such regulations.
~ 236-16. 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 ofland 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 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 ofa
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 ofthis Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
We have various notices in the public record, we have a communication here from the
North Fork Environmental Council, received today. "Dear Town Board Members, We
are very pleased that the Board has taken steps to legislate action with respect to
stormwater grading and drainage control. This draft is a great improvement over the
existing code. We believe that property owners should take responsibility for stormwater
runoff and be required to take steps to safeguard our precious wetlands and water
resources but expectations of governments are important as well. Indeed, some of the
most significant shortcomings are the responsibility of the Town. We believe the draft
should also spell out requirements for town and county governments regarding the
determination of pollutants in road run-off draining directly to water bodies and wetlands.
It should also specify test responsibilities and protocols as well as the implementation of
applicable mitigation measures. The NFEC, in its review of Wetlands Protection
Weaknesses has made this observation before with respect to Chapter 275 and the Local
Waterfront Revitalization Plan. We have some specific comments on the Draft Local
Law Text, and urge you to consider revising the draft to include the following: 236-3
Purpose, Add F. Understanding the polluting constituents in stormwater (road run-off
draining directly into water bodies and wetlands) and the taking of mitigating steps. 236-
4 Definitions. 'Agriculture', the definition of agriculture may be acceptable for this law
but the definitions of agriculture and bona fide agriculture production are currently in
discussion and should be consistent in the various chapters of the Code. 'Responsible
Party', add governments before any other persons for clarity. 'Top soil', delete the last
sentence since it is inaccurate and the definition going before is adequate. 236-8
Requirements for all Stormwater Discharges, Add F. Stormwater directly drained to
water bodies or wetlands through impermeable works shall not contain polluting
constituents in concentrations in excess of those threshold values specified in this
chapter. Add, the threshold values for coliform bacteria and nitrogen to serve the above.
236-13, Performance standards for approval of erosion, sediment, stormwater runoff
control plans, Add, in M, weirs and vector controls before and other measures that
reduce flow velocity. 236-15 Variance, Expand the criteria for granting variances beyond
the basic proof of unnecessary hardship criterion to give the ZBA support in standing up
for the environment." And one can see the NFEC's report WWreport 4.doc concerning
this topic. 1 should say this has appeared, the entire text of this drainage code has
appeared on the Town Clerk's bulletin board outside. It has appeared as a legal in the
local newspaper. I have a copy, by the way, here of this report that the NFEC refers to in
the file. I have a memorandum, dated today, from Jerilyn Woodhouse, Chair of the
Town's Planning Board with the comments of the Planning Board on this proposed local
law. "The Planning Board supports the proposed local law and offers the following
comments. 1. In review of subdivisions, section 240-36 requires a New York
Department of Environmental Conservation SPDES General Permit for Stormwater
Discharges from Construction Activity (GP-02-01) for all development disturbing greater
than one acre. In addition, approval for grading and drainage is issued by the Office of
the Town Engineer prior to Planning Board final approval. 2. In the review of site plans,
section 280-129, objectives: grading and drainage, requires that 'all grading and drainage
plans must meet with the requirements of the Town Engineer and or Superintendent of
Highways. In addition, the Planning Board also requires that the applicant provide a
SPDES permit for all site plans that disturb greater than one acre. 3. Therefore, these
aforementioned sections of the code currently provide for review of stormwater, grading
and drainage for applications requiring Planning Board approval. As proposed, the local
law would require an additional application process for subdivisions and site plans. We
believe that the review process would be duplicative and therefore request that
subdivisions and site plans be exempt from the application process outlined in section
236-12, application process of the proposed local law." That is the comment of our
Planning Board. Also dated today from the Principal Planner to the Town Board on this
law, this is from the L WRP coordinator. "The proposed law has been reviewed
according to Chapter 268, the Waterfront Consistency Review of the Town of Southold
Town Code and the Local Waterfront Revitalization Program policy standards. Based
upon the information provided on the L WRP Consistency Assessment form submitted to
this department as well as the records available to me, it is my determination that the
proposed action is consistent with the policy standards and therefore is 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." From the Southold Town Trustees, also dated today, "As elected
officials charged with doing what we can to protect our marine and freshwater
environment, the Trustees strongly appreciate the efforts that have gone into the draft of
this proposed Town Code and strongly support it. There is one section that we would
like to provide comment on. It is the exemption provided to agricultural properties. It is
common for farms, vineyards and sod farms to use fertilizers and pesticides. Sod farms
use herbicides. Given the harvesting of crops and sod that is practiced, there are several
times each year where these lands could become void of vegetation, leaving them
particularly susceptible to soil runoff in what could be a normal, rather than heavy rain.
Many of our agricultural parcels are located either adjacent to, or in the immediate
vicinity of our creeks, bays, freshwater ponds and marshes. As such, the Trustees feel
very strongly that the owners of these lands must also make every effort to retain their
water runoff on their property. This can be done with French drains, leaching pools or
other reasonable means. The Southold Town Trustees respectfully request that the
agricultural exemption contained in this draft be removed. Thank you very much for
your consideration of our opinion." And now from the County of Suffolk, the
Department of Planning "Pursuant to sections A 14-14 to 23 of the Suffolk County
Administrative Code, the above referenced application is not within the jurisdiction of the
Suffolk County Planning Commission." And I believe that is all the substantive
comments that are in the public record today.
SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and
address this proposed law? Mrs. Moore?
PATRICIA MOORE: Good evening and thank you for calling on me. I was very
pleased to see some of the comments that were made by some of the other agencies
because they actually did point out some of the things that I wanted to stress. I would
agree with the Trustees with regard to the blanket exemption for agriculture. I believe
that the agricultural community has an obligation to retain the runoff on its own property.
I have dealt both on behalf of clients that were homes next to farms that because the
natural flow of water under common law allows the farms to continue to run as they do, it
is very difficult to get a farm to control their own runoff even if it is going the natural
flow of water, suddenly has a subdivision smack in the midst of the flow. So it does
result in serious problems for property owners and there is very little you can do if you
try to get relief from the courts. I think that generally we have that, we have to deal with
farming practices and the encouragement of agriculture in this community but I think if a
farming operation has applied proper management practices and does not runoff, they
don't do the dikeing during seasons where there is, we just looked at a property with the
Planning Board, we did a site inspection and found that a subdivision that is being
proposed has a farm across the way and the farmer cut a little dike that was obvious that
was a form of draining some of the water off the property. Certain farming operations
work better than others. I think there should be some review and as long as a proper
management practice is applied, maybe they too fall under the exemption as long as they
are not causing a problem. My points, what I would like to stress, is when you are
writing this legislation, that I would create exemptions as of right unless there is a
problem, because what you have imposed in this law and again, the Planning Board
raised this issue, since July of 2004, the state has a whole set of regulations. The New
York state pollution prevention plan, Stormwater Pollution Prevention Act that comes
from the federal government down to the state and now is imposed on the town's as well.
There every subdivision that has been approved since July of '04 has required a covenant
that the property owner, when they develop has to actually comply with this pollution,
stormwater pollution control plan and a plan has to actually be filed with the state, so
existing subdivisions are already controlled, that is new construction. Any application
that goes before the Trustees, again every application that gets a permit through the
Trustees requires drywells and gutters and control of runoff. That is one of the primary
conditions that the Trustees impose, I know AI, you know this very well. So
automatically you have exempt from this requirement any subdivision that has received
pollution control approval, any permit with the Trustees review t hat has taken
stormwater issues, drainage issues into consideration, even single family house that is
existing, if they have implemented voluntarily drywells, gutters, pervious driveways,
things that are mitigation measures for keeping your water runoff on site again, why
make them go through a whole permit process, which I called, I made some phone calls
and asked what would it cost a normal property owner to get this type of permit, a plan in
place? And to begin with, a stormwater pollution plan that is prepared for the state must
be prepared by a professional engineer or a certified pollution control specialist and there
are very few of those. If the town implements those, quite frankly, you better be prepared
for another engineer because Jamie Richter is quite busy with the work he has for the
town; reviewing these plans are going to be an extensive job description. But as a matter
of cost, if you did a simple grading plan, the surveyors, very simple grading plan can cost
anywhere from $300 to $1,000. That is the simplest grading plan. For a ground water,
stormwater runoff plan, you need a professional engineer as I said and the cost can be
anywhere from $2,000 to $8,000 on the simplest plan and that depends on the size of the
property and the distance to groundwater. So it gets very complicated and very
expensive very quickly. We have done these, we have filed them through my office with
the state and let me tell you, what happens is when you file the ones to the state, the state
imposes an annual charge that they will, you have to be monitored and have in place, you
get an annual fee and they inspect the, they have the right to inspect and come to the site
and if you don't have the stormwater pollution plan in place for their inspection, you can
be fined. So there is a lot of control through the state level. Again, also other exemptions
that may be appropriate; the Health Department. If you have a need to put in a new
sanitary and because of the groundwater conditions, you may have to put fill or do some
re-grading, the Health Department as a matter of course, if you are within a certain
distance to a property line, if your sanitary system requires mounding or any kind of soil
containment, they will require a grading plan as a part of the application, so again, that
issue is addressed through the Health Department application. So you can see that every
forum, every agency that review it, always reviews for stormwater. It is the rare case
where there is a problem that somebody hasn't addressed, if it has gone through any
regulatory review. Whether the newspaper is correct or not, as far as I read an article
about this law and they said, well if you have a problem with your basement and you
have to pump out your basement into the street, well, I guess technically you would
require some kind of a permit, maybe after the fact permit but I think maybe you need to
put in an exemption if you do adopt this law, for emergency use. If you have a fire
department, that for emergency conditions have to pump out a basement, that is a health
and welfare issue, you should not impose an extra burden either on the property owner or
the fire department to make that kind of safety measure in place. Finally, I guess as a
matter of pool applications, in the Building Department, again, this can be really kind of
simplified to kind of three paragraphs. This whole law because you should have
drywells, you should have gutters, you should not have water runoff onto your neighbors
property or onto the street, just as a matter of course and you don't need this whole
extensive law, very expensive law to do that. It think it can be very simply done and
incorporated into the code, just like a building permit requirement is and the standards for
issuance of a building permit. If you build a pool, ordinarily when the Zoning Board
looks at a pool construction or there is a Trustees application where there is a pool
construction by a wetland, ordinarily a common course of condition is that you have a dry
well for the backwash for the pool. That is a standard requirement and maybe that is
something that if you are building a pool, a drywell for that type of water because
sometimes draining up a pool can cause some problems, maybe there are none because
nobody drains pools, I don't know. I don't have a pool but that is one of the standard
conditions that agencies impose and it might be something that you might incorporate
into this. Again, if a person implements these measures, they should not be required to
get a permit because it has automatically has complied with what you are trying to get out
of the whole permit process. So I would respectfully suggest you might go back and look
at it, how to simplify it, how to create exemptions. Certainly incorporate the Planning
Board's suggestions right off the bat, site plan review and subdivision regulations
implement stormwater control, so I think that as a matter of right you should not be
preparing a plan that is in being reviewed, reviewing a plan that is completely
inconsistent with Planning Board, site plan, and state review. So, those are my
comments, I appreciate your indulgence. I was kind of lengthy but please, before you
adopt this, please go back and look at it very carefully. I think that even in your SEQRA
review nobody has looked at the financial consequences of this and given what I have
seen on the expense on doing these kind of plans, I think you are going to have
everybody, homeowners, landscapers, I saw a landscaper, Mr. Cichanowicz, in the
audience and I said, you know, hey, if! was a landscaper I would be looking at this very
carefully because if I am going to go do a landscape plan for someone, I am going to now
need this permit and I am going to tack on whatever the fee is to get a permit from a
property owner but they are going to need an engineer and they are going to need
specialty staff that quite frankly is difficult to come by. Unless one of you guys has a
child that is an engineer that you want to employ right away, this is something that is
really very high level and I think some simple, common sense applications might be what
we need here. So, thank you.
COUNCILMAN KRUPSKI: Can I just answer Ms. Moore's comments? We did have a
discussion because we didn't get comments from some of the Board's in a timely fashion,
actually, we got some tonight. One of the suggestions was to put under section 236-11
Compliance, for a Trustee permit, subdivision plat or site plan approval has been
obtained and drainage has been addressed, the Building Inspector may consider such
approval in satisfaction of these requirements. So we are not trying to make it redundant,
we are trying to pick up the drainage that needs to be addressed outside of these areas
where there are no jurisdictions involved. And this is a draft, so we want comments
because we want to make it a code that is going to work for the town.
SUPERVISOR RUSSELL: Yeah, I actually, my conversation with you about a week ago
on this was very eye-opening and I appreciate the input. There is a component to this and
I know you talked about a lot of the oversight that is out there now; what we are trying to
address is the oversight that hadn't been there for years prior. We have flooding all over
Southold Town and every new subdivision, the last house in seems to be two feet higher
than the houses right next to it. I know a friend of mine had argued against this as
premise of property rights and I appreciate that but I have to consider and be mindful of
the property rights of the people that have been in the community for 30 years who now
have basements that are getting flooded, so, it is a balancing act. Weare trying to do that
but certainly take everything you said and look at it very closely. Would anybody else
like to address the Town Board on this issue?
GEORGE SOLOMON: Good evening, my name is George Solomon. I am addressing
the Board as a homeowner, not as a member of the Planning Board. I own a house in
Mattituck and I am at the lowest point in the subdivision where I am and I take on all of
the water coming down from the town roads. I believe that the responsible parties in this
law should also include the municipality because there has to be some way that as a
homeowner in the Town of Southold we can get the town to react under this law. They
are just as responsible under this law as my neighbor is who may put an impervious
surface on his driveway and cause runoff to come down the right of way. So I do believe
that that should be added into the law. It is an important factor. I also agree with the
Trustees in the fact that agricultural should be on a per basis situation. There is some
situations where runoff from farmlands just do create a horrendous problem. I would like
to know if this law is specifically set up for new construction in the town or whether this
provides specifically for all construction that exists in the town?
SUPERVISOR RUSSELL: This is actually intended to address the existing construction.
We have requirements as you are going through a construction process now of your
residential property. We do have, you know, on site containment issues that are being
applied. The problem is what do you do with the construction that took place 20 or 30
years ago? In your particular case, I am very familiar with yours, I worked with you on
that when I was an assessor and I agree with you 100 percent and you are right, Southold
Town needs to set a better example with regard to drainage control. We are doing that,
we put a budget together this year that includes a heck of a lot more money than in the
past for drainage control measures. We are doing that but you are right, Southold needs
to set a better example.
MR. SOLOMON: If you are going to require the homeowners and property owners in
the Town to live by this law, you have to require the municipality to live by this law.
SUPERVISOR RUSSELL: You are right. Thank you. Would anybody else like to
come and address the Town Board?
DAVE CICHANOWICZ: Dave Cichanowicz. Yeah, just to make a few comments.
Being in the trades, we deal with this issue all the time. All the new construction, of
course, are generally handled with drywells and you know, proper percolation, as per
what you have built into all your permits. Going back to existing residences, I think I am
going to go out and buy a lot of backhoes ifthis goes through because there is going to be
thousands of places that are going to be affected by this law and I don't think that you
really understand the impact that you are causing. Now, I don't know what you have as
what is deemed necessary or not and how clearly that is going to be spelled out in your
law as to what deems needing to be addressed or not but there is lots and lots of houses
that I have worked on, have passed on through and there is drainage issues all over and of
course, the Town is probably more at fault than anybody else. Every low lying road leads
to our bays and how you are going to plan on fixing that with the amount of monies that
you already don't have, is beyond me...
SUPERVISOR RUSSELL: You are right. We are in the process ofretro-fitting, we need
to literally retro-fit every existing subdivision that is out there because in the old days,
they were designed to drain into the creeks and the estuaries.
MR. CICHANOWICZ: Right.
SUPERVISOR RUSSELL: Pat, let me just, I think really the focus on the existing
construction in this law would be if it is an intentional act or if you are creating a problem
from site, if I am not mistaken, in other words, if you are draining your pool into the
public right of way, which happens all over Southold Town, we can now do something
about that. If you are creating a situation that is unhealthy or unsafe, we can do
something about that. I don't think this law or anybody here intended to just go out and
have people start develop drainage plans for each of their properties but there are those
egregious situations that we just have to address. But certainly new construction, the
onus of it, the bulk of it will be placed on the new construction.
TOWN ATTORNEY FINNEGAN: And I think it is designed that if you make additions
to your property, that when you come in, each time you come in to do something new to
your property, you would have to comply with it then.
MR. CICHANOWICZ: Okay. Thank you.
SUPERVISOR RUSSELL: But, obviously we are getting good comments tonight.
COUNCILMAN KRUPSKI: And you are right about the Town being a big polluter and
all my years as a Trustee, we would go out and look for drainage issues on the applicants
property and you would see a pipe going through the bulkhead and you would look a
couple hundred feet down and there is a big, rusty pipe from the town roads draining into
the wetland and this Board has made a big commitment, in money and in manpower with
the Highway Department this past year to try to address some of these problems. And
like Scott said, every road was designed to drain into the wetlands and many of the town
roads drain into farm fields, you know, it is not all farm fields that drain into town roads.
There is a lot of areas where the cut is made the other way and it is draining into
somebody's farm and, so there is a lot of issues out there that aren't like easily solved but
this is an attempt to solve some of them. Some of them where, like you said, Dave,
drywells and gutters are going to solve 90 percent of the problems. When people put
driveways in, you know, you leave low areas next to your driveways for natural recharge
and the same with any sort oflandscaping. You leave low areas, you don't fill your low
areas because that is your drainage. So, a lot of it is kind of simple. You know, water
runs down hill and you try to contain it and let it recharge on its own.
COUNCILMAN WICKHAM: I should add that there is another communication that I
overlooked a minute ago and that is from Christopher Dwyer, who we asked to do an
analysis of SEQRA for us. "As requested by the Town of Southold, our office has
reviewed the proposed action to be taken by the Town of Southold as presented to the
Town Board of the town of Southold on January 30, 2007. The new local law to the
Town Cod is classified as a SEQRA unlisted type project in accordance with Title 6 of
the New York Code of Rules and Regulations. As such, the action requires a
determination of significance by the Town (Lead Agency) and a SEQRA review. The
new local law to Town Code, as defined in the attached resolution, is intended to
establish clear standards to promote and protect (to the greatest extent practicable) the
public health, safety and general welfare by establishing new requirements for property
owners with construction projects. The project would have to exceed the minimum
thresholds as defined in the new local law. The action is being offered to add a local law
that protects property owners, public lands/rights-of-ways and natural protective areas
(wetlands or public waterways) from potentially adverse affects of construction projects.
Specific and/or individual projects cannot be evaluated at this time. Our office is
confident that the adoption and adherent to this new local ordinance proposed by the
Town will prevent (to the greatest extent practicable) a project from creating adverse
impacts to the enviromnent wit respect to stormwater runoff. Please refer to the attached
Short Enviromnental Assessment Form and complete part III as Lead Agency. Based
upon the proposed legislation to control stormwater as a result of grading, alterations, and
new construction (yielding no significant adverse impacts) our office recommends a
negative declaration be issued by the Southold Town Board. If you should have any
questions regarding the content of this evaluation, please do not hesitate to contact this
office directly. Christopher Dwyer."
SUPERVISOR RUSSELL: Also, the significant financial commitment we made in this
budget is a pittance compared to what our long term needs are going to be for drainage.
There is going to be a cost that is going to have to be borne by everybody sooner or later.
The idea here is to say, look, if you are creating a problem, you need to be part of the
solution. I can put all the catch basins and leeching fields in I want but if we are not
taking care of business up at the other end of the road we are not going to get a lot done.
At any rate, we do appreciate everything you have to say. Would anybody else like to
address the Town Board on this?
FRANK WILLS: Good evening, Frank Wills, Mattituck. First I would like to say the
Town should be commended for improving and proposing to put this on the books. One
of the thoughts I had was, we talk about stormwater runoff but nowhere do we say what
is the problem? Is it the pollutants, is it the sediments that goes off the road after it has
been sanded, the salt going into the water-should it be bay or sound-shouldn't do
anything but there is no question, there must be pollutants and I wonder whether by
spelling them out it would make this law much clearer and get people to understand what
the problem is. That is one point. The other one, as other people have suggested that
under discharges, to exclude agriculture on the total basis, I think, is wrong. I realize
agriculture has problems, part of our livelihood depends on agriculture but they should be
following the same rules as homeowners, businesses and so forth. So any runoff and I
can mention a few, should be controlled. Not a blanket excuse. A minor point, oh, the
signs, it is minor, they are listed at either $250 to no more than $500 but it doesn't say
whether, and then it continues to say, 'such persons shall be deemed guilty of a separate
offense for each day during which the violations in this local law is committed or
continues' so, that it is $250 to $500 per day or just once? Because if it is just once, that
isn't enough to deter anybody from violating the law. It is on page 13 under item D.
SUPERVISOR RUSSELL: I believe it is per incident...
TOWN ATTORNEY FINNEGAN: It could be per day. As a practicable matter, we
generally charge per event, so you know, if you think the fine should be higher
(inaudible) but yes, you could charge it each day.
MR. WILLS: Maybe clarify that a bit. Thank you.
SUPERVISOR RUSSELL: Would anybody else like to come up before the Town
Board? John had his hand up for a while now.
JOHN NICKLES, JR.: John Nickles, Jr., Southold. I don't have the law in front of me, I
did do a quick read of it but I don't recall anything about any type of blanket exemption
for any particular extraordinary storm for any amount of rain. I see there is going to be
probably a number of times where there is going to be people coming in making
complaints about their neighbors, making complaints about the farms nearby because of a
deluge that might occur. And so I am wondering if there is something in this law that I
missed or if you are planning to put something in there that is going to have a blanket
exemption for major storms, you know? And what amount of rain is that? And where is
it measured? So that is a consideration that I think if it is not in there, you should
consider and the other main thing really is just going to be the compliance aspect of it.
You know, when you do have, you know, unusual amounts of rain you are going to have
a lot of people making complaints where they thought they now have an opportunity to
do something about that farmer down that road. You can drive up and down Oregon
Road or some of the other agricultural belts and see it even just after a healthy rain. You
are going to see a lot of puddling and it's, I guess maybe there's way to prove it came off
of this guys farm or that guys farm but you know, brown water is still brown water. So I
would like you to consider these things. Thanks.
SUPERVISOR RUSSELL: Thanks, John. As a point of interest, the law itself actually
means that you would be responsible for a drainage plan that would contain up to a two
inch rainfall. In those excessive circumstances, the two and a half, three, the nine inches
we got just several months ago, obviously that wouldn't come to bear on this law. So
those would be exceptional circumstances. I think the two inch pretty much spoke to that
issue. And I have to be honest, I don't really remember a blanket exclusion for
agriculture. I thought it was for the normal and regular practice of agriculture, if it was a
consistent activity that is needed for agriculture, I thought is what we would exclude....
TOWN ATTORNEY FINNEGAN: Conduct exempted from this subtitle includes
activities necessary for the conduct of agricultural uses in connection with a bona fide
agricultural operation.
SUPERVISOR RUSSELL: Yeah, activities necessary for the conduct of agricultural
uses, for bona fide agricultural operations. It doesn't necessarily mean that agriculture
gets out without any oversight, it just means that those things that are essential to the
operation we are not going to address and frankly, if I (inaudible) I probably wouldn't
have the authority to address but that is another issue and certainly your point is well
taken. Chris?
CHRIS BAIZ: Chris Baiz, Southold. Just in that last point about how are you going to
measure and where are you going to measure, I mean, the variability out here is
tremendous. There can be a quarter to a half inch rainfall in Peconic but there can be a
four inch rainfall in Greenport in the same storm, so you know, are we all going to put
rain gauges out and hold them up to the inspector? Or where are we going to measure
this from? At one point, the Highway Department offices and buildings or what?
SUPERVISOR RUSSELL: I think we take it from Brookhaven National Lab, if I am not
mistaken. I am not sure but I think there is a basis for reference that they had already
talked about, the engineer and the attorney. And there is a basis for reference. I don't
know where the location is but it is one singular location.
COUNCILMAN KRUPSKI: I think the point made is that in a real heavy rainstorm or in
frozen ground conditions, not so heavy rainstorm...
MR. BAIZ: Yeah.
COUNCILMAN KRUPSKI: You are going to get a lot of runoff that nobody is going to
be able to do anything with and in those cases, people are going to pump it overboard and
there is really no other place to put it. So that is kind of acceptable, I would think.
MR. BAIZ: Okay. Well, so if in your argument, Scott about...
SUPERVISOR RUSSELL: Not an argument, I was trying to answer a question. I don't
have a specific answer to.
MR. BAIZ: Okay. Okay. But wherever this one site might be, than would it behoove a
landowner to have his own rain gauge in place so that if he has got four inches and
therefore is creating or a problem has been created but down the road, wherever the
permanent measuring site is, it is only half an inch, I mean, the homeowner or landowner
with the four inch filled rain gauge has an argument that he should be exempt from that.
TOWN ATTORNEY FINNEGAN: I think what is going to happen is that when you
come in for your plan your plan is going to require that the plans show that you can
contain two inches on site. If there is more, you are not required to contain that on site.
You are not going to be in violation.
SUPERVISOR RUSSELL: It is the function of the drainage plan that shows that this can
handle a two inch volume...
TOWN ATTORNEY FINNEGAN: We are not saying that...
SUPERVISOR RUSSELL: It doesn't mean that we are going to run around, it doesn't
mean that I am going to have Ed Forrester driving around after a rainfall looking to ticket
people, it just means that we are going to have a thoughtful process when you come in for
a building permit.
MR. BAIZ: Okay. And anything exceeding that two inch contaimnent is an exemption.
COUNCILMAN KRUPSKI: It is an act of god.
TOWN ATTORNEY FINNEGAN: Right. It is not required to be kept on site.
MR. BAIZ: Thank you.
ANN MURRAY: Hi, I am Ann Murray from the North Fork Environmental Council. I
wanted to echo Frank and some other people about what appears to be an ag exemption,
maybe it is not but it is sort of unclear when you read the whole thing which we have
done.
SUPERVISOR RUSSELL: Sure, that is fair.
MS. MURRAY: I think you should revisit that and maybe spell out what they are
exempt from and what they are not.
SUPERVISOR RUSSELL: That is fair.
MS. MURRAY: And also I think, you know, people's fears about measuring rainfall, I
mean, I don't think that this is an effort by the Town Board to be big brother, I think it is
an effort to do the right thing by the environment and I think it is great.
SUPERVISOR RUSSELL: And it is an empirical engineering process, at the beginning
of the plan not after the rain comes.
MS. MURRAY: Right. And the other thing that I wanted to mention is the letter from us
that Tom read includes a mention of this wetlands protection weaknesses and corrections
report that the NFEC did recently, all of you should be getting copies and we welcome
your comments on that when you have time to review it. Thank you.
SUPERVISOR RUSSELL: Ijust have to say, there are a lot of people out there tonight. I
knew you were here to yell at us for something. You had me fooled, I thought it was the
St. Patty's Day parade in Cutchogue. I am sorry. Would anybody else like to address the
Town Board? Bob?
BOB V ANBOURGONDlEN: Bob Van Bourgondien, a farmer in Peconic. What Pat
Moore said earlier is very apropos, common sense. Agriculture to be exempt, I don't
think that that is the intention of the way I read it was written. The common sense thing
to do as we did in 1973 when we moved out here, is we contacted Soil and Water. Their
first plan didn't work for controlling runoff, so we went back to them again about 7 years
later. With their expertise, we were able to solve the problem on our farm. Soil and
Water is not a difficult thing to do for agriculture.
SUPERVISOR RUSSELL: As a practical thing issue, when you come in for the building
permit for the greenhouses, you are probably submitting a drainage plan anyway on those
greenhouses, so it is not like it is not being addressed. Would anybody else like to
address the Town Board on this? (No response) Hearing none, can I get a motion to
close?
*
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iY~J..diQ.~
~:~~. Neville
Southold Town Clerk
.
.
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing
41 STATE STREET. ALBANY. NY 12231
(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.
~etlR~
~
Town of
',Tillage
SOUTHOLD
LOCAL LAW NO.9 of 2007
A Local Law entitled, "A Local Law in relation to Stormwater. Gradine: and Drainae:e Control".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
l. A new Chapter 236 of the Code of the Town of South old is hereby adopted as follows;
~ 236-1. Title. This local law shall be known as the "Stormwater, Grading and Drainage Control law".
~ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 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. The variance
provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern
the subject of variances in this local law.
~ 236-3. Purpose. It is the purpose of this local law to promote and protect, to the greatest extent practicable,
the public health, safety and general welfare by:
(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 wetlands, which contribute to the
accommodation of flood waters 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; and
(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 discharge onto public lands,
neighboring properties or natural protective features.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.ll/99)
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(e) Promoting the recharge of stormwater into the fresh water aquifer to protect the drinking water
supply and minimize salt water intrusion.
~ 236-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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 PRACTICE - Procedures and methods pertaining to construction activities which are
intended to prevent stormwater runoff, retain valuable topsoil and minimize water pollution.
BUILDING INSPECTOR - The persons(s) appointed by the Town Board to enforce the provisions of South old
Code Chapter 280 and this chapter.
CLEAN FILL - Naturally deposited earthen material from an approved upland borrow source.
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.
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 landforms. 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., drywells, sumps,
berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal.
EROSION - The wearing away ofland as a result of the action of natural forces or man-related activities.
EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN - A drawing showing the
proposed use of the site and the methods, techniques and improvements, both during and after construction, that
will be employed to control erosion, sedimentation and stormwater runoff, which shall employ best
management practices. Where the nature of the existing conditions and proposed activities warrant, the
Building Inspector may require that such plan be prepared by a registered design professional licensed in the
State of New York.
2
EXCA V A TlON - The removal, ad!on, or alteration of soil, sand, or vege~n 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.
GRADING - The excavation, filling or alteration of the surface or subsurface conditions ofland, lakes, ponds,
or watercourses.
ILLICIT DISCHARGES - Illicit Discharges shall include but not be 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; cWorine; 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.
MUNICIPAL PERMIT - Any permit, grant, approval, license, certificate or other authorization issued by the
Town of South old 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 WATERCOURSE - The route farmed 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.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland and the vegetation
thereon.
ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of flooding that, on the
average, is likely to occur once everyone hundred (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.
RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal permits, and any other
person or entity contributing to an act regulated by this local law.
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.
SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and grading to
facilitate construction or other use of the land.
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STORMW A TER RUNOFF - That part of precipitation 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.
TOPSOIL - The uppermost layer of soil, usually the top 15-20 cm, it having the highest concentration of
organic matter and microorganisms, and where most of the Earth's biological soil activity occurs.
~ 236-5. This local law shall apply to all property within the Town of South old, and shall govern:
A. All grading, drainage and erosion control, whether or not a permit is required;
B. All new or replaced impervious surface and all land disturbing activities, whether or not a permit
is required;
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.
S. 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.
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~ 236-9. Requirements for all Lanlisturbing Activities or Impervious sules.
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 Drainage
Control Permit 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.
~ 236-10. Activities Requiring a Drainage Control Permit.
None of the following activities shall be undertaken until a Drainage Control Permit has been issued 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.
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,~, open decks, where the removal of topsoil allows for the recharge of
groundwater.
~ 236-11. Compliance.
Where a Drainage Control Permit is required by this Local Law, all development, construction, excavation and
landscaping activities shall be conducted in accordance with an approved Erosion, Sedimentation and
Stormwater Runoff Control Plan, and all other requirements of this local law.
Where a Trustee permit, subdivision plat or site plan approval has been obtained and drainage has been
addressed, the Building Inspector may consider such approval in satisfaction of these requirements, except that
all development on individual lots in an approved subdivision shall remain subject to these requirements on an
individual basis.
~ 236-12. Application Process.
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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 and require a
Drainage Control Permit shall also submit an Erosion, Sedimentation and Stormwater Runoff Control
Plan to the Building Inspector.
b) Upon receipt by the Building Inspector of any application for a Drainage Control Permit to conduct any
activity regulated by this law, the Building Inspector may refer the proposed Erosion, Sedimentation,
and Stormwater Runoff Control Plan to the Town Engineering Department for comment and
recommendation. No municipal permit that shall be issued for activities requiring a Drainage Control
Permit, nor shall any application therefor be deemed complete, until the Building Inspector has first
issued its approval of the Erosion, Sedimentation and Stormwater Runoff 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:
I) A vicinity map drawn to a scale of not less than two thousand (2,000) feet to one (I) 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 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 Erosion, Sedimentation and Stormwater Runoff Control
Plans.
6
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
I)
m)
n)
The site erosion, sediment!n and stormwater runoff control meas~ 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.
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.
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.
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 NYS DEe SPDES Program in effect.
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.
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.
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.
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.
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.
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.
Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater
on-site for recharge.
Site designs shall minimize impermeable paving.
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.
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.
Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands.
The elevation of a wetland shall not be altered.
No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by
0)
p)
q)
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grading, erosion, sedimen~n, 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 ofless 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. Approved Plans.
Plans approved by the Building Inspector in conjunction with the issuance of a Drainage Control Permit shall
also be filed with the County Clerk indicating that such plans are binding as against future purchasers, granting
the Town permission to enter the property for compliance enforcement purposes, and containing a summary of
the plan's requirements.
~ 236-15. Variances.
A variance may be granted by the Zoning Board of Appeals of the Town of Southold upon receipt of an
application from a property owner which meets the criteria for an area variance set forth in ~267-a of the Town
Law.
~ 236-16. 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.
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b) Restoration.
Any clearing, excavation or development ofland 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 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.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
III. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
bylaw.
9
(Complete the certific!n in the paragraph that applies to the 'g of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. -L of20 J!Z........: of the
(~BlIn~ )(~i~ )(Town) C:i11llgil) of SOUTHOLD was duly passed by the
TOWN BOARD on March 27 , 20 07 , in accordance with the applicable provisions oflaw.
2. (passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer".)
I hereby certify that the local law annexed hereto, designated as local law No.
of the (County)(City)(Town)(Village) of
on
disapproval) by the
in accordance with the applicable provisions of law.
of20
was duly passed by the
20 -' and was (approved)(not approved)(repassed after
and was deemed duly adopted on 20_,
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.)
of 20_ of the
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 oflaw.
I hereby certify that the local law annexed hereto, designated as local law No.
(County)( City)(T own )(Village)
* 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.
10
. .
5. (City local law concerning Charter revision proposed by petition.)
I hereby certifY that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ofa mlliority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 ----'
became operative.
6. (Connty 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 ofthe
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certifY that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and ofthe whole of such original local law , and was finally adopted in the manner indicated
in paragraph 1 , above.
(Seal)
Clerk oft oonty legislative body. ty. Town or Villagr:: Clerk
or officer designated by Jocallegislative body
Elizabeth A. Neville, Town Clerk
Date: April 1 0, 2007
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certifY that the foregoing local law cont~~s the correct text and
have been had or taken for the enactment of the local law annexl~
Signanv'e
Patricia A. Finnegan, Esq. Tow A or ey
Kieran Corcoran. Esq.. Assls ant Town Attornev
Title
COUIlt)
~
Town of
','illags
Date:
SOUTHOLD
April I 0, 2007
11
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Town of South old - Letter
. lL
Board Meeting of February 27,2007
RESOLUTION 2007-234
ADOPTED
Item # 30
DOC ID: 2653
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-234 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 27, 2007:
RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A
Local Law in relation to Stormwater. Gradine & Drainaee Control" is classified as an
Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the
Town Board of the Town of Southold hereby establishes itself as lead agency for the
uncoordinated review of this action and issues a Negative Declaration for the action in
accordance with the recommendation ofL.K. McLean Associates, P.C. dated February 26, 2007
and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith.
~Q-;/~'
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
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Board ~ting of February 27, 2007
RESOLUTION 2007-233
ADOPTED
Item # 29
DOC ID: 2652
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-233 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 27, 2007:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor
Scott A. Russell to retain L.K. McLean Associates. P.C. to complete a SEOR review in
connection with the Local Law entitled "A Local Law in relation to Stormwater. Gradinl!
& Drainal!e Control", pursuant to their Proposal dated February 26, 2007, at a cost not to
exceed $375.00, subject to the approval of the Town Attorney.
~r;-:tL.
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
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Board Meeting of March 27, 2007
RESOLUTION 2007-298
ADOPTED
Item # 3
DOC ID: 2665
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-298 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 27, 2007:
WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 30th day of January, 2007 a Local Law entitled "A Local Law in
relation to Stormwater. Gradine: and Drainae:e Control" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, therefore
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 Stormwater. Gradine: and Drainae:e
Control" which reads as follows:
LOCAL LAW NO.9 of 2007
A Local Law entitled, "A Local Law in relation to Stormwater. Gradine: and Drainae:e
Control" .
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 236 of the Code of the Town of South old is hereby adopted as follows:
~ 236-1. Title. This local law shall be known as the "Stormwater, Grading and Drainage
Control law".
~ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 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. The variance provision of this local law shall supersede any inconsistent
portions of the Town Law Section 267-a and govern the subject of variances in this local law.
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~ 236-3. Purpose. It is the purpose ofthis local law to promote and protect, to the greatest
extent practicable, the public health, safety and general welfare by:
(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
wetlands, which contribute to the accommodation of flood waters 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; and
(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
discharge onto public lands, neighboring properties or natural protective features.
(e) Promoting the recharge of stormwater into the fresh water aquifer to protect the
drinking water supply and minimize salt water intrusion.
~ 236-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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 PRACTICE - Procedures and methods pertaining to construction
activities which are intended to prevent stormwater runoff, retain valuable topsoil and minimize
water pollution.
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.
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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.
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 landforms. 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.,
drywells, 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, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN - A
drawing showing the proposed use of the site and the methods, techniques and improvements,
both during and after construction, that will be employed to control erosion, sedimentation and
stormwater runoff, which shall employ best management practices. Where the nature of the
existing conditions and proposed activities warrant, the Building Inspector may require that such
plan be prepared by a registered design professional licensed 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.
GRADING - The excavation, filling or alteration of the surface or subsurface conditions ofland,
lakes, ponds, or watercourses.
ILLICIT DISCHARGES - Illicit Discharges shall include but not be 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;
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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 SURF ACE - 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.
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 WATERCOURSE - The route farmed by natural processes, topography and
geology leading to a natural watershed.
NA TURAL 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.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland and the
vegetation thereon.
ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of flooding
that, on the average, is likely to occur once every one hundred (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.
RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal permits,
and any other person or entity contributing to an act regulated by this local law.
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.
SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and
grading to facilitate construction or other use ofthe land.
STORMW A TER RUNOFF - That part of precipitation that flows over the land surface.
STRIPPING - The process of mechanically scraping away topsoil.
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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.
TOPSOIL - The uppermost layer of soil, usually the top 15-20 em, it having the highest
concentration of organic matter and microorganisms, and where most ofthe Earth's biological
soil activity occurs.
~ 236-5. This local law shall apply to all property within the Town of Southold, and shall
govern:
A. All grading, drainage and erosion control, whether or not a permit is required;
B. All new or replaced impervious surface and all land disturbing activities,
whether or not a permit is required;
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.
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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 Drainage Control Permit 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.
~ 236-10. Activities Requiring a Drainage Control Permit.
None of the following activities shall be undertaken until a Drainage Control Permit has been
issued 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.
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
ofthe 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,~, open decks, where the removal of topsoil allows for the recharge
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of groundwater.
~ 236-11. Compliance.
Where a Drainage Control Permit is required by this Local Law, all development, construction,
excavation and landscaping activities shall be conducted in accordance with an approved
Erosion, Sedimentation and Stormwater Runoff Control Plan, and all other requirements of this
local law.
Where a Trustee permit, subdivision plat or site plan approval has been obtained and drainage
has been addressed, the Building Inspector may consider such approval in satisfaction of these
requirements, except that all development on individual lots in an approved subdivision shall
remain subject to these requirements on an individual basis.
~ 236-12. Application Process.
a) Any applicant for a municipal permit to conduct a development, construction or
excavation activity within the Town of South old shall complete a Stormwater
Assessment Form to assist in determining compliance with this local law. Applicants that
meet the threshold set forth above and require a Drainage Control Permit shall also
submit an Erosion, Sedimentation and Stormwater Runoff Control Plan to the Building
Inspector.
b) Upon receipt by the Building Inspector of any application for a Drainage Control Permit
to conduct any activity regulated by this law, the Building Inspector may refer the
proposed Erosion, Sedimentation, and Stormwater Runoff Control Plan to the Town
Engineering Department for comment and recommendation. No municipal permit that
shall be issued for activities requiring a Drainage Control Permit, nor shall any
application therefor be deemed complete, until the Building Inspector has first issued
its approval of the Erosion, Sedimentation and Stormwater Runoff 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:
I) A vicinity map drawn to a scale of not less than two thousand (2,000) feet to one
(I) 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
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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 offacility, 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 ofthe project
including anticipated starting and completion dates.
~ 236-13. Performance Standards for Approval of Erosion, Sedimentation and Stormwater
Runoff Control Plans.
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 NYS DEC
SPDES Program in effect.
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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 oftime 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 ofthe 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.
I) 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.
0) 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
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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, ifthe 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 ofless 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 (fmal) 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. Approved Plans.
Plans approved by the Building Inspector in conjunction with the issuance of a Drainage Control
Permit shall also be filed with the County Clerk indicating that such plans are binding as against
future purchasers, granting the Town permission to enter the property for compliance
enforcement purposes, and containing a sununary of the plan's requirements.
~ 236-15. Variances.
A variance may be granted by the Zoning Board of Appeals of the Town of Southold upon
receipt of an application from a property owner which meets the criteria for an area variance set
forth in s267-a of the Town Law.
~ 236-16. Inspection, Restoration, Certificate of Occupancy and Fines.
a) Inspection
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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 Occupancv.
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,
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
III. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
bylaw,
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Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated March 30, 2007
BoJlPMeeting of March 27, 2007 . .
Page 19
PATRICIAA.FINNEGAN .
TOWN ATTORNEY
patricia.finnegan@town.southold.ny.us
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran@town.southold.ny.us
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
lori. montefusco@town.southold.ny.us
.
SCOTI' A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTH OLD
March 14,2007
Mr. Christopher F. Dwyer
L. K. McLean Associates, P.C.
437 South Country Road
Brookhaven, NY 11719
RE: SEQRAlLocal Law in relation to Stormwater, Grading & Drainage
Control
Dear Chris:
I am enclosing a copy of the Short Environmental Assessment Form in
connection with the referenced matter, which has been signed by Supervisor Russell.
The original will be retained by the Town Clerk, and we will keep a copy in our file.
If you have any questions, please do not hesitate to call me.
P ricia A. Finnega
Town Attorney
PAF/lk
Enclosure
cc: Members of the Town Board (w/encls.)
Ms. Elizabeth A. Neville, Town Clerk (w/encls. - original)
~
Llti\\i\
.
.
L. K. McLean Associates, P. C.
437 South Country Road. Brookhaven. New York. 11719
CONSULTING ENGINEERS
(631) 286-8668 . FAX (631) 286-6314
Associates
EUGENE F. DALY, P.E.. PTOE.™, PRESIDENT and CEO.
RAYMOND G. DiBIASE, P.E., p.T.O.E.n~. EXECUTIVE VICE PRESIDENT
JOSEPH F. CLINE, PE, VICE PRESIDENT
ROY R. FULKERSON, P.l.S.. VICE PRESIDENT
ALBERT T. DAWSON, P.E., VICE PRESIDENT
CHRISTOPHER F. DWYER
JAMES L. DeKONING, P.E.
ROBERT A STEELE. P.E
February 26,2007
Mrs. Patricia Finnegan Esq., Town Attorney
Town of South old
53095 Route 25
P.O. Box 1179
Southold, N.Y. 11971-0959
RE: SEQR for New Local Law to Town Code - "A Local Law in relation to Stormwater,
Grading & Drainage Control" - Chapter 236 (New)
LKMA Project No. 04010.010
Dear Mrs. Finnegan:
As requested by the Town of Southold, our office has reviewed the proposed action to be taken
by the Town of Southold as presented to the Town Board of the Town of Southold on January
30, 2007. The new local law to the Town Code is classified as a SEQRA Unlisted Type Project
in accordance with Title 6 of the New York Code of Rules and Regulations. As such, the action
requires a determination of significance by the Town (Lead Agency) and a SEQR review (see
attached SEA F).
The new local law to Town Code, as defined in the attached resolution, is intended to establish
clear standards to promote and protect (to the greatest extent practicable) the public health, safety
and general welfare by establishing new requirements for property owners with construction
projects. The project would have to exceed the minimum thresholds as defined in the new local
law. The action is being offered to add a local law that protects property owners, public
lands/right-of-ways and natural protective areas (wetlands or public waterways) from potentially
adverse affects of construction projects. Specific and/or individual projects cannot be evaluated
at this time. Our office is confident that the adoption and adherence to this new local ordinance
proposed by the Township will prevent (to the greatest extent practicable) a project from creating
adverse impacts to the environment with respect to stormwater runoff. Please refer to the
attached Short Environmental Assessment Form and complete Part III as Lead Agency. Based
upon the proposed legislation to control stormwater as a result of grading, alterations and new
construction (yielding no significant adverse impacts), our office recommends a negative
declaration be issued by the Southold Town Board.
If you should have any questions regarding the content of this evaluation by our office please do
not hesitate to contact this office directly.
Very Truly Yours
CFD:cfd
Enc.: (2) SEAF & Draft Resolution
CC: Town Board w/enc.
LKMA File Copy w/enc.
~ ,L i);--
Christopher F. Dwyer
Associate
. Founded in 1950 .
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.
.
PART I - PROJECT INFORMATION (To be comoleted bv Aoolicant or Proiect Soonsor\
1. APPLICANT/SPONSOR 2. PROJECT NAME
CHRISTOPHER F. DWYER. ASSOCIATE PROPOSED TOWN CODE - STORMW A TER CONTROL
3. PROJECT LOCATION:
Municipality TOWN OF SOUTHOLD County SUFFOLK
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
53095 ROUTE 25 - TOWN HALL SOUTHOLD NEW YORK J 1971
5. PROPOSED ACTION IS:
lZ]New D Expansion D Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
The modifications consist of adding a new local law in Ihe Town Code Ihat protects and promotes public health. safety and general
welfare by implementing sound storm water management practices by the property owner. The action is clearly an administrative
procedure and can only be evaluated on a project specific basis. The new local law should have a positive impact environmentally.
7. AMOUNT OF LAND AFFECTED: Ultimately U.W
Initially u.vv acres acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
lZ]Yes DNa If No, describe briefly
9. WHAT is PRESENT LAND USE IN VICINITY OF PROJECT?
D Residential D Industrial D Commercial D Agriculture 0 ParklForestJOpen Space lZ]Other
Describe:
NOT APPLICABLE. THE PROJECT CONSISTS OF ENACTING A NEW LOCAL LAW THAT IS TO BE ENFORCED
TOWN WIDE BASED UPON CERTAIN THRESHOLDS AND CONDITIONS (SEE ATTACHED DRAFT RESOLUTION OF
LAW FOR FURTHER DETAILS).
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[Z] Yes D No If Yes, list agency(s) name and permit/approvals:
THE NEW LAW WILL REQUIRE THE PROPERTY OWNER TO COMPLETE A FORM TO
ASSESS WHETHER A STORMW A TER MANAGEMENT PLAN IS NEEDED.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes [Z]NO If Yes, list agency(s) name and permitJapprovats:
NOT APPLICABLE - CURRENT TOWN CODE
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
DYes [Z]NO
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
ApplicantJsponsor name: L.K. McLEAN ASSOCIATES PC. CHRISTOPHER F. DWYER Date: 2/23/07
(?AI'J ., ~.:-..... ~;fu /
Signature:
v
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
A,set .
PAR'T II - IMPACT ASSESSMENT TaCOm leted b Lead A enc
A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
DYes [{] No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negafive
declaration may be superseded by another involved agency.
DYes [{] No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
NONE. ONLY IMPROVE THE QUALITY OF GROUNDW ATER, EROSION, DRAINAGE AND FLOODING
PROBLEMS.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
NONE
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
NONE
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
NONE
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
THE NEW LAW MAY CONTROL GROWTH IN LOW-LYING AREAS OR SLOPED PROPERTIES WITHIN THE
TOWN.
C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly:
NONE
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
NONE
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
DYes [Z] No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
DYes 0 No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othenwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
D
o
Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL
EAF and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
TOWN OF SOUTHOLD
2123/07
Name of Lead Agency
Scott A. Russell
Print or Type Name of Re
Date
Supervisor
Title of Responsible Officer
Signature'
Signature of Preparer (If different from responsible officer)
Re~
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TOWN OF SOUTH OLD "Storm-water Run-off" ASSESSMENT FORM
ACTIONS REOUIRING THE SUBMISSION OF A STORM-WATER. GRADING. DRAINAGE & EROSION
CONTROL PLAN CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK.
Will this application require the placement of material, removal of vegetation and/or the
construction of any item within the Town Right-of-Way or road shoulder area?
(This item does not include the installation of driveway aprons.)
Will there be site preparation within the one hundred (100) year floodplain of any watercourse? I I
Item Number: (A Check Mark (J) for each question is required for complete application)
1.
Will this project retain all Storm-Water Run-off on Site that may be generated by a
two (2") inch rainfall event, before, during and after construction is complete?
(This will include all run-off created by site clearing and/or construction activities as well as all
Site Improvements and the permanent creation of impervious surfaces.)
Yes
No
2.
Will this project require any land filling, grading or excavation where there is a change to the
natural existing grade involving more than 200 cubic yards of material within any parcel?
-D
[d
D
[;]
bl
g
[;]
Note:
If any answer to questions one through eight above is answered with a check mark located in a Box; a Storm-water, Grading,
Drainage & Erosion Control Plan wlll be required and must be submitted for review prior to issuance of any Town permit.
Sworn to before me this;
......................~~................................w......
Notary Public: ..........................................................................
STATE OF NEW YORK,
COUNTY OF
.... ss
.... being duly sworn, deposes and says that he/she is the applicant for Permit,
(Owner, Contractor, Agent, Corporate Officer, etc.)
Owner and/or representative of the Owner or Owner's, and is duly authorized to perform or have performed the said work and to make
and file this application; that all statements contained in this application arc true to the best of his knowledge and belief; and that the
work sill be performed in the manner set forth in the application filed herewith.
3.
Will this application require land disturbing activities encompassing an area
of five thousand (5,000) square feet of ground surface or more?
4.
Is there a Natural Water course running through the site or is this project within
One hundred (100) feet ofwellands or a beach?
5.
Will there be site preparation on existing slopes which exceed ten (10') feet of vertical rise to
One hundred (100') feet of horizontal distance?
6.
Will driveways, parking areas or other impervious surfaces direct Storm-Water Run-off
into and/or in the direction of a Town Right-of-Way or adjacent properties?
7.
8.
That I.
(Name of individual signing Document)
And that He/She is the .
(Signature of Applicant)
.
.
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 30th day of January, 2007 a Local Law entitled "A Local Law in
relation to Stormwater. Gradinl! and Drainal!e Control" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on
February 27, 2007 at 5:00 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 Stormwater. Gradinl! and
Drainal!e Control" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Stormwater. Gradinl! and Drainal!e
Control".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 236 of the Code of the Town of Southold is hereby adopted as
follows:
~ 236-1. Title. This local law shall be known as the "Stormwater, Grading and
Drainage Control law".
~ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 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. The variance provision of this local
law shall supersede any inconsistent portions of the Town Law Section 267 -a and
govern the subject of variances in this local law .
~ 236-3. Purpose. It is the purpose of this local law to promote and protect, to the
greatest extent practicable, the public health, safety and general welfare by:
(a) Minimizing soil erosion, sedimentation and stormwater runoff;
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(b) Controlling, restricting or prohibiting activities which alter natural
drainage systems, floodplains, stream channels and natural protective
features, including wetlands, which contribute to the accommodation
of flood waters 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; and
(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 discharge onto public lands, neighboring
properties or natural protective features.
(e) Promoting the recharge of stormwater into the fresh water aquifer to
protect the drinking water supply and minimize salt water intrusion.
~ 236-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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 PRACTICE - Procedures and methods pertaining
to construction activities which are intended to prevent storm water runoff,
retain valuable topsoil and minimize water pollution.
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.
CONSTRUCTION - The siting, building, erection, extension, or material
alteration of any structure the use of which requires permanent or
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temporary location on the ground, as well as the installation of any
hardened surfaces at or below grade.
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 landforms.
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., drywells, 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, SEDIMENTATION AND STORMWATER RUNOFF
CONTROL PLAN - A drawing showing the proposed use of the site and
the methods, techniques and improvements, both during and after
construction, that will be employed to control erosion, sedimentation and
stormwater runoff, which shall employ best management practices.
Where the nature of the existing conditions and proposed activities
warrant, the Building Inspector may require that such plan be prepared by
a registered design professional licensed in the State of New York.
EXCA V A TION - 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.
GRADING - The excavation, filling or alteration of the surface or
subsurface conditions of land, lakes, ponds, or watercourses.
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.
.
ILLICIT DISCHARGES - Illicit Discharges shall include but not be
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.
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.
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.
NA TURAL WATERCOURSE - The route farmed 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.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff,
dune or wetland and the vegetation thereon.
ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the
highest level of flooding that, on the average, is likely to occur once every
one hundred (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 Town Clerk's Office,
Town of Southold.
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RESPONSIBLE PARTY - Owners and occupants of premises, applicants
for municipal permits, and any other person or entity contributing to an act
regulated by this local law .
SEDIMENT A nON - 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.
SITE PREP ARA nON - The activities of stripping, clearing, grubbing,
excavating, filling, and grading to facilitate construction or other use of
the land.
STORMW A TER RUNOFF - That part of precipitation 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.
TOPSOIL - The uppermost layer of soil, usually the top 15-20 cm, it
having the highest concentration of organic matter and microorganisms,
and where most of the Earth's biological soil activity occurs. Plants
generall y concentrate their roots in, and obtain most of their nutrients from
this layer. Topsoil can be measured as the depth from the surface to the
first densely packed soil layer known as hardpan.
~ 236-5. This local law shall apply to all property within the Town of
Southold, and shall govern:
A. All grading, drainage and erosion control, whether or not a permit is
required;
B. All new or replaced impervious surface and all land disturbing
activities, whether or not a permit is required;
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.
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~ 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 Drainage
Control Permit 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
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installation of gutters, leaders, drywells or other measures, prior to the
issuance of such a municipal permit.
~ 236-10. Activities Requiring a Drainage Control Permit.
None of the following activities shall be undertaken until a Drainage
Control Permit has been issued under the provisions of this local law.
I) 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.
The following activities shall be exempted from such review:
I) 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, ~, open decks, where the removal of topsoil
allows for the recharge of groundwater.
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~ 236-11. Compliance.
Where a Drainage Control Permit is required by this Local Law, all
development, construction, excavation and landscaping activities shall be
conducted in accordance with an approved Erosion, Sedimentation and
Stormwater Runoff 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 and require a Drainage Control Permit shall also submit an
Erosion, Sedimentation and Stormwater Runoff Control Plan to the
Building Inspector.
b) Upon receipt by the Building Inspector of any application for a
Drainage Control Permit to conduct any activity regulated by this law, the
Building Inspector may refer the proposed Erosion, Sedimentation, and
Stormwater Runoff Control Plan to the Town Engineering Department for
comment and recommendation. No municipal permit that shall be issued
for activities re~u' 'ng a Drainage Control Permit, nor shall any
application the for e deemed complete, until the Building Inspector has
first issued its a oval of the Erosion, Sedimentation and Stormwater
Runoff 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:
I) A vicinity map drawn to a scale of not less than two
thousand (2,000) feet to one (I) 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.
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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 storm water runoff control measures as related
to the progress of the project including anticipated starting and completion
dates.
~ 236-13. Performance Standards for Approval of Erosion, Sedimentation
and Stormwater Runoff Control Plans.
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
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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 NYS DEe SPDES Program 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, benning, 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,
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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.
I) 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.
0) 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) Noyegetation 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 flood way areas. All fill shall be compacted at a
final angle of repose which provides stability for the material, minimizes
erosion and prevents settlement.
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5) 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 access ways 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. Approved Plans.
Plans approved by the Building Inspector in conjunction with the
issuance of a Drainage Control Permit shall also be filed with the County
Clerk indicating that such plans are binding as against future purchasers,
granting the Town permission to enter the property for compliance
enforcement purposes, and containing a summary of the plan's
requirements.
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~ 236-15. Variances.
A variance may be granted by the Zoning Board of Appeals of the Town
of Southold upon receipt of an application from a property owner which
demonstrates unnecessary hardship from the imposition of such
regulations.
~ 236-16. 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 Occupancv.
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
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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.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be
adjudged by any court of competent jurisdiction to be invalid, the judgment shall not
affect the validity of this law as a whole or any part thereof other than the part so
decided to be unconstitutional or invalid.
III. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State
as provided by law.
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RESOLUTION 2007-234
ADOPTED
.
DOC ill: 2653
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-234 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 27, 2007:
RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A
Local Law in relation to Stormwater. Gradinl!: & Drainal!:e Control" is classified as an
Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the
Town Board of the Town of Southold hereby establishes itself as lead agency for the
uncoordinated review of this action and issues a Negative Declaration for the action in
accordance with the recommendation ofL.K. McLean Associates, P.C. dated February 26,2007
and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith.
Pt~aQ--:'t.I...
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
.
Reo'
f
I.? # *GItJ ,.0/17
~/~7/~7.
MORTH FORK EMVIROM~EMTAL COUMCIL, IMC.
12700 Main Road, PO BOx 799, Mattituck, NY 11952 Tel.: 631.298.8880 Fax: 631-298-4649
nfec@optonline.net www.nfec1.org
February 27,2007
Stormwater, Grading and Drainage Control
Mr. Scott A. Russell, Supervisor
Justice Louisa P. Evans
Councilman William P. Edwards
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman Albert J. Krupski, Jr.
Town Hall, 53095 Main Road
Southold, New York 1197l
RECEIVED
FEB 2 7 2007
Southord Town Cler!
Dear Town Board Members:
We are very pleased that Town Board has taken steps to legislate action with respect to
stormwater, grading and drainage control. This draft is a great improvement over the
existing code.
We believe that property owners should take responsibility for stormwater runoff and be
required to take steps to safeguard our precious wetlands and water resources, but
expectations of governments are important as well. Indeed, some of the most significant
shortcomings are the responsibility of the Town.
We believe the draft should also spell out requirements for town and county governments
regarding the determination of pollutants in road run-off draining directly to water bodies
and wetlands. It should also specify test responsibilities and protocols as well as the
implementation of applicable mitigation measures.
The NFEC, in its review of Wetlands Protection Weaknesses (WWreport4.doc, copy
provided) has made this observation before with respect to Chapter 275 and the Local
Waterfront Revitalization Plan.
We have some specific comments on the Draft Local Law Text, and urge you to consider
revising the draft to include the following:
236-3 Purpose
[Add] F. Understanding the polluting constituents in stormwater (road run-off draining
directly into water bodies and wetlands) and the taking of mitigating steps.
a non-prOfit organization for the preservation of land. sea, air and quality of life
. -
printed on 'tJ recycled paper
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236-4 Definitions
"Agriculture", the definition of "agriculture" may be acceptable for this law, but the
definitions of "agriculture" and "bona fide agricultural production" are currently in
discussion and should be consistent in the various chapters of the Code.
"Responsible Party", [add] "governments" before "any other persons" for clarity.
"Top Soil": Delete the last sentence since it is inaccurate and the definition going before
is adequate.
236-8 Requirements for all Stormwater Discharges
[Add] F. Stormwater directly drained to water bodies or wetlands through impermeable
works shall not contain polluting constituents in concentrations in excess of those
threshold values specified in this chapter.
[Add] The threshold values for coliform bacteria and nitrogen to serve the above.
236-13 Performance Standards for approval of Erosion, Sediment, Stormwater runoff
Control Plans
[Add] (in M) "weirs and vector controls" before and other measures that reduce flow
velocity.
236-15 Variances
Expand the criteria for granting variances beyond the basic proof of unnecessary hardship
criterion to give the ZBA support in standing up for the environment. (See NFEC's
report WWreport4.doc concerning this same issue within Chapter 275.)
Sincerely,
~.
hc..lt-[( U~(
Frank Wills, Chair, Southold Land Use Committee of the NFEC
cc: Wetlands Weaknesses Subcommittee
Anne Murray
Kenneth Richter
Howard Meinke
Ray Huntington
Attachment: Southold Town Code Wetlands Protection Weaknesses and Corrections:
North Fork Environmental Council. December 2006, WWreport4.doc
. .
SOUTHOLD TOWN CODE WETLANDS
PROTECTION WEAKNESSES &
CORRECTIONS
North Fork Environmental Council, December 2006
WWreport4.doc 12/30/06
Findin2s - Executive Summary: [Details are developed on the subsequent pages.]
The Board of Town Trustees has questionably stated regulatory authority over
fresh and salt water wetland beyond those lands it owns.
. Assign and specify such authority to the Board of Town Trustees in Chapter 275.
The Board of Town Trustees has questionably stated authority to mitigate wetlands
code requirements, and no mitigation criteria.
. Provide mitigation authority to the Board of Town Trustees in Chapter 275.
. Add criteria for mitigation of code requirements in Chapter 275.
Code requirements are insufficiently specified.
. Specify a 150 foot Board of Town Trustees jurisdiction.
. Specify distances between significant features in describing requirements.
. Replace subjective requirements with measurable requirements insofar as possible.
When acting in a nebulous regulatory mode, the Trustees claim to be unbridled in
their authority.
. Put limits on how far the Trustees can go in mitigating code requirements.
. Trustees' are not unbridled in that decisions must be consistent with the LWRP.
Greater reliance must be placed upon science based information.
. Release LWRP consistency determinations to the public in a timely way.
. Continue professional environmental staff and consider a natural resources
department.
The code needs more "black letter law" to stop capricious and arbitrary variances.
. Require the code enforcement officer and the bay constables to make written code
change requests concerning shortcomings that frustrate the intent of the code and its
enforcement.
The Board of Town Trustees must be protected from skilled applicants eroding
Code intent.
. Additional black letter law will insulate the Board of Town Trustees and the Town
from appeals and exploitive suits. Such actions are often based upon case law arising
from unlimited power to mitigate and result in the whip-sawing of code requirements.
Southold Wetlands Protection is not as stringent as New York State Requirements.
. Attain the technical and administrative capacity to meet state standards.
I
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Preface:
. The Town Code and the LWRP espouse protection of wetlands but interpretations by
the empowered boards can erode the intent.
. Events during 2006 indicate that environmentally sensitive land may not be as well
protected by government as we would like it to be -- particularly the protection
afforded by decisions of the Southold Board of Town Trustees.
. This is not to say that the Trustees have not well served Southold over the years.
Rather, to say that under the skills and pressures of to day's exploitive society,
weaknesses in the code can put the community in an unprotected position.
. A subcommittee of the Southold Land Use Committee is engaged in a review of the
Town Code and the LWRP in this regard.
. This wetlands code review seeks to identify weaknesses in the code as well as
correction of these weaknesses. It is designed to be constructive.
. The subcommittee presents its findings to the L WRP Council with the expectation
being that steps will soon be taken by the Town Board to correct the weaknesses.
Twelve weaknesses and associated corrections were identified for action by the
LWRP Council and the Town Board. The thirteen to be discussed are:
1. Ambiguity of the Trustees' Authority and Responsibilities:
2. Inadequate Jurisdiction description of the Board of Town Trustees:
3. Set-back limits too easily yield to variance:
4. Vertical Set-Back Limits not in Town Code:
5. Mitigation Criteria not in Town Code:
6. Storm-water Road Run-off Monitoring System responsibility not defined:
7. Southold Town Code Chapter 275 contains no provision for an appeals board:
8. Requirements/Standards/CriteriaIFormat for Permit Applications to Trustees
inadequate or inadequately met.
9. Compounded Variances lead to Code destruction via Whip-Sawing:
10. Code requirements can be "gamed" and thus circumvented:
11. Public availability of L WRP Consistency Determinations is awkward.
12. Southold Wetlands Code is less stringent than New York State Requirements.
In addition; "mitigation", 'variance' and other terms are not well defined:
The report, of 16 pages, devotes one page to each weakness and correction described in
the following format:
. Item Title...
. Weakness...
. Citation...
. Consequence...
. Correction...
. Reference...
A page devoted to definition ofterms is included...
A short essay on understanding the basic perspectives of Property Rights and
Community Compromise ends the report.
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SOUTHOLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
1. Ambieuitv of the Trustee's Authoritv and Responsibilities.
Weakness: The Trustees have two separate roles: (I) as owners oflands held in trust for
Southold residents and (2) as regulators of private lands within their jurisdiction. The
code does not clearly describe these separate roles.
Citation: Chapter 275-12
Consequence: Actions of the Trustees sometimes mix their roles, sometimes exceed
their authority and sometimes are not mindful of their authority.
Correction: Change the Town Code to recognize the two different roles and clearly
delineate the authority and responsibility in each role of the Board of Town Trustees
(BoTT):
1. As trustees of lands held in trust under the Andros Patent of 1688 - the Board of
Town Trustees is the owner of such lands.
2. As regulators of wetlands (other than those owned by the BoTT) under articles 24
and 25 of the NYS Environmental Conservation Law (and perhaps Southold
Town Code Chapters 275,111 and 268 with the LWRP) with authority to extend
requirements or to mitigate requirements to the extent yet to be specified in
Chapter 275.
3. Require 10 hours of training per year in NYS law, case law and protocol.
Reference:
1) Permit #6365 cites Andros Patent based law, not Freshwater Wetlands Law
2) The Andros Patent established the Board of Town Trustees of the Freeholders and
Commonalty of the Town of South old in 1688. The Patent, a document which granted the
"Commoners" access and rights of way to the water, marshland and common areas, also
created the Board of Trustees to act as stewards for these title lands.
3) Although the code language is not clear, in 1983 the Town Board apparently added
responsibility for the regulation of freshwater wetlands when it created Chapter 97 (now
275) Wetlands and Shorelines to the Town Code, The authority vested in the Trustees for
saltwater related ownership stemming from the Andros Patent is quite different from the
qualified authority to regulate wetlands stemming from Articles 24 and 25 of New York
State Environmental Law. Southold Code (Chapter 275) does not differentiate.
3
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SOUTH OLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
2. Jurisdiction of the Town Board of Trustees insufficient and insufficientlv stated.
Weakness: In general, current jurisdiction extends 100 (plan view?) feet inland from any
water, wetlands or beach. Determination of the point from which to measure the 100 feet
is frequently difficult. There have been differing interpretations of vegetative wetland
indicators. Wetland boundaries are difficult to determine and the subterranean extent of
wetland flow formations is often not apparent. As a result, wetland maps may not be
accurate to fifty feet. Further, the code does not specify to whom the jurisdiction is
authorized.
Citation: Chapter 275-3-C
Consequence: The effect of, and on, wetlands can easily extend beyond 100 feet from a
wetlands boundary subjecting wetlands to upland regulations only. Frequently the objects
of concern, wells, cesspools, etc. are in the 100 to 150 foot range.
Correction: Change jurisdictional distance in Chapter 275 to 150 feet and specify that
such distance is within the jurisdiction of the Southold Board of Town Trustees.
Reference:
1. East Hampton (255-4-20) specifies 150 feet.
2. Shelter Island (129-8) specifies 100 feet, except [more] in Nearshore locations and
the Peninsular Overlay District (133-12).
3. Riverhead (107- )
4. Southampton (325-6) specifies 200 feet.
5. New York State (Article 24 and 25 of Environmental Conservation Law) 100 feet [or
more].
4
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SOUlHOW TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fori< Environmental Council, December 2006
3. Setback Limits too easily yield to variancelmitil!ation.
Weakness: Setback limits are the heart of any envirorunental impact regulation yet they are
not stated as "black letter law". The limits can be beaten down by variances/mitigations
allegedly supported by case law. While some pragmatic mitigation may be desirable, there
are currently no limits on what can be waived. The limits now stated as "minimums" are
routinely mitigated without observable limit by the Trustees. The minimum distances are
too small if they are subject to even limited mitigation permission.
Citation: Chapter 275-12-D
Consequence: Variances tend to build on one another. If the originally intended
requirement was 10 and a variance permitted 9, all subsequent variance decisions are
influenced by the 9. Each greater variance becomes the weak link established by case law.
Ultimately the original requirement is ground down to zero since there is no mechanism to
limit such degradation.
Correction: Change setback limits and limit the extent of possible
mitigation.
Setback Limits
South- East Shelter River-
Southold ampton Hampton Island head
Existing New
With resDectto wetlands line:
to Structure 100' 100' 75'
to Residence Structure 100' 150' 125' 150' 100'
to Hard Surface Drivewav 75'
to Pervious Driveway 50' 50'
to Leach Pool{s) 100 150' 150' 200'
to SeDtic Tank 75' 150' 150' 200'
to Swimming Pool 50' 100'
Buffer Width 50' (tvp.) 100' 100'
With reSDectto bluff line:
to Residence 100' 100-150'
to Drivewav 100'
to Leach or SeDtic Pool(s) 100'
to Swimminc Pool 100'
a) Expanded jurisdiction is assumed.
b) Trustees may extend the required setback distances, but may not reduce the required
setback distances by more than 50%.
c) The reasons for such intensification or mitigation shall be documented in the
resolution supporting the permit.
d) lflimited mitigation does not allow improvement the lot is unbuildable for the
applied for purpose.
Reference:
5
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SOUTHOLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
4. Vertical Setback Limits not in Town Code.
Weakness: Wetlands obviously have depth as well as length and width but while the
Town Code regulates surface setback dimensions it does not regulate proximity limits
vertically. Ifthe distance to ground water is small the natural processes of filtration and
decay have less opportunity to occur before the waste stream is inducted into flowing
water pathways. Remediation of contaminants is sensitive to vertical distance, both in
terms of filtering distance and auto-remediation energy levels.
Citation: Chapter 275-12-0
Consequence: Houses are permitted to be built on lots that do not support adequate
mitigation of septic wastes before such wastes enter natural subterranean distribution
systems or may even be directly released to surface waters. Iflow enough to periodically
flood, the septic tank and the leaching pool will actually pump sewage to the surrounding
area due to the pressure head created when the flood water subsides.
Correction: For new construction, add a vertical setback limit to the zoning code
applicable to low lying areas with high ground water levels. In AE areas defined by the
Town Wetlands Map or the FEMA FIRM Map, the bottom of a permeable waste vessel
(cesspool) must be at least 4 feet from high ground water as measured by documented
test boring. The top of such vessels are to be covered with one to two feet of soil and
shall not be mounded, dammed or crypted above normal original grade.
a) Trustees may extend or mitigate the required setback distances but may not vary from
the required setback distances by more than 25%.
b) The reasons for such mitigation shall be documented in the resolution supporting the
permit.
c) Iflimited mitigation does not satisfy, the lot is unbuildable for the applied for
purpose.
Reference:
1) For new construction, Suffolk County Department of Health Services requires 3 feet
of vertical setback and 2 feet for alternative shore applications.
2) Town of East Hampton requires four feet of vertical setback in their Harbor
Management District.
3) NYS (6NYCRR 661 & 663) requires a minimum or 2 feet of vertical setback between
the bottom or the leach pool, tank, field or pit and the seasonal high ground water
level, rock, hardpan or other impermeable materials.
Note that waste is most readily naturalized near the surface where more energy and
reductants/oxidants are available to aid the process, so mounding in shore applications is
to be restricted for functional as well as aesthetic reasons. Also, a septic facility should be
set as high as possible to maximize the depth of filtering percolate.
(Also consider an intensified inspection/maintenance requirement in 100 year flood
hazard zone applications)
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SOUTHOLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
5. Criteria for Mitil!.ation of Setback Limits and other Requirements are Absent
Weakness: While Chapter 275 contains environmental standards for issuance of a permit
[275-28] the chapter contains no criteria for the mitigation of code requirements for
setbacks, buffers and the like. Under what circumstances may the towns normal
expectations be mitigated and to what extent? While some pragmatic mitigation may be
desirable, the limits now stated as "minimums" are routinely mitigated without
observable limit by the Trustees.
Citation: Chapter 275-12-D, 275-28
Consequence: Variances tend to build on one another. If the originally intended
requirement was 10 and a variance permitted 9, all subsequent variance decisions are
influenced by the 9. Each greater variance becomes the weak link in case law. Ultimately
the original requirement is ground down to zero since there is no mechanism to limit such
degradation.
Correction: Amend Chapter 275 -12-D by adding variance criteria.
Criteria for Issuance of a Wetlands Permit with Mitigated Code Requirements:
(a) The Board of Town Trustees, charged with the primary enforcement of wetlands code
and related local law , shall have the power of requirements mitigation, as defined and
limited herein. Each case shall be decided on its own circumstances according to science
based information/standards and not according to past competence or mistake.
(b) No such mitigation shall be granted by the Board of Town Trustees without the
applicant proving that applicable wetland regulations and restrictions have caused
unnecessary hardship. In order to prove such unnecessary hardship the applicant shall
demonstrate to the Board of Town Trustees that for each and every permitted use under
the zoning regulations for the particular district in which the property is located;
1. the applicant cannot realize a reasonable return, provided that lack of return is
substantial as demonstrated by competent financial evidence;
2. that the alleged hardship has not been self-created;
3. that the alleged hardship relating to the property in question is unique, and does
not apply to a substantial portion of the district or neighborhood. In this regard the
applicant must show that the mitigation sought is of its own particular kind [sui
generis] and does not arise out of mitigation provided to others;
4. that the requested mitigation, if granted, will not alter the essential character of
the wetland area and its environs.
(c) The Board of Town Trustees, in granting requirement mitigation, shall grant the
minimum that it shall deem necessary and adequate to address the unnecessary hardship
proven by the applicant, and at the same time preserve and protect the character of the
wetlands, neighborhood and the health, safety and welfare of the community. The Board
shall reflect the proof it accepts in the resolution supporting the permit.
Reference:
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SOUTHOLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
6. Storm water Runoff Monitorinl!: Responsibility Not Dermed
Weakness: There is no current town map or comprehensive list identifying storm water
runoff sites, nor is there a list of current and needed drain locations to aid in remediation.
There is no specific data on exactly what harmful substances may in the runoff. Several
years ago the town did a survey of storm water runoff sites and found 20 to 30 areas. Of
these, a dozen were judged to be serious problems, but this information has not been
updated. In addition, some property owners and farmers have declined to cooperate in
the town's efforts to mitigate storm water runoff emanating from their property. The code
does not assign responsibility for Storm Water Runoff Analysis and Planning.
Citation: Not in code.
Consequence: Parts of the town may have storm water runoff that can harm our creeks,
bays and wetlands. According to the EP A, polluted storm water is the greatest threat to
out nation's water systems yet no one knows what is in our runoff. We commit public
works tax dollars to mitigate the run-off while not understanding the risk. If the enemy is
not defined the solution may not work or may even exacerbate any problem.
Correction: Establish a sampling and test protocol with which to generate specific
threat data and information. Assign this responsibility to a Natural Resources
Department or the Board of Town Trustees within Chapter 275 and provide funding for
consultant support. Currently the town engineer and town attorney are researching storm
water runoff and drainage codes to determine what code might be appropriate to address
Southold's runoff issues.
Any proposed code should include practical cooperation from property owners and
appropriate enforcement and fines. For example, under Chapter 215-25 of the Southold
Town Code, owners of all septic systems are required to pump systems at least once
every three years. This code provision is never enforced, because a practical inspection
system was not employed. Septic overflow is a known danger to our waterways.
Reference:
I) Southold Department of Public Works.
2) U.S. Environmental Protection Agency - Whole Effluent Toxicity (WET) Methods
3) Suffolk County Department of Health Services...
4) Southold Highway Department.. .
5) Southold Town Engineer...
6) NYS DEC...
8
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.
SOUTHOLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
6. Southold Town Code Chapter 275 Lacks Provision for an Appeals Board
Weakness:
While Chapter 111 (Coastal Erosion) provides that the Town Board will hear appeals, no
such provision is made in Chapter 275 (Wetlands and Shoreline). There are over 50
times more permit applications under the latter chapter. Under state law the Town Board
remains responsible for wetland protection even if it delegates authority to the Trustees.
The Town Board has designated the Zoning Board of Appeals to hear applications for
variances in response to building department rejections and the Board of Town Trustees
has assumed authority to mitigate requirements for the purpose of issuance of a wetlands
permits.
Citation: None specific in Chapter 275
Consequence: Grievances must be pursued thru Article 78 of Municipal Law, which is
significantly more expensive for both the Town and the applicant. For example, the
trustees recently granted a permit to build a residence on the Tsai property in the Kenny's
Beach area. A lawsuit has been filed in this matter against the trustees and the town.
Correction: In Chapter 275, make a clear distinction between mitigation and variance.
Clarify the extent of Board of Town Trustees authority to mitigate wetlands requirements
(separately, on those lands they own and those they do not own) and the Zoning Board of
Appeals authority to grant variances to certain actions or requirements specified by the
Town Code for building permits or interpretations within the code and the L WRP. Such
clarity will reduce the need for appeal.
Reference:
1) 268-5. A: Whenever a proposed action is located within the Town's coastal area,
Management each agency shall, prior to approving, funding or undertaking the action,
and make a determination that it is consistent with the LWRP policy standards
Coordination summarized in S 268-1 herein. (No action in the coastal area shall be
of LWRP. approved, funded or undertaken by an agency without such a
Review of determination.
actions:
F: The Zoning Board of Appeals is the designated agency for the
determination of consistency for variance applications subject to this
chapter. The Zoning Board of Appeals shall consider the written
consistency recommendation of the L WRP Coordinator in the event and at
the time it makes a decision to grant such a variance and shall impose
appropriate conditions on the variance to make the activity consistent with
the objectives of this chapter.
9
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.
SOUTHOLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
8. Requirements/Standards/Criteria/Format for Wetland Permit Applications to
Trustees Inadequate. or Inadequatelv Met
Weakness: While Chapter 275 makes 17 application requirements, inspection of the files
suggests that applicants, either by ignorance or design, do not fully or accurately
complete the application package. Further, the Trustees, trying to solicit more
information, are often less than successful and apparently excuse some omissions without
explanation. Documents are sometimes not dated or properly attributed.
Chapter 275-2l-B says that the Trustees may waive in whole or in part, certain specified
application requirements and goes on to say that the resolution providing for the waiver
[permit] shall clearly indicate why the waiver was granted. Yet permits are issued with
little or no explanation of waiver or mitigation.
Citation: 275-2l-A & B
Consequence: From the applicant's perspective, the complexities of the code and the
vaguegarities of interpretation discourage voluntary compliance and generate a market
for expediters, lawyers and engineers that is against the spirit and intent of the Code.
Correction: SimplifY the application format and protocol to de-mystify determination of
compliance with the Code and the L WRP. This may require substantive changes to the
Code such as removal ofthe 275-6A-8,11,14 and 275-llA-2 waiver permissions.
A first page check-list is suggested. By logically routing the applicant to significant
questions and statements, appropriate and necessary parts of the Code can be identified
and the rationale for rejection or waiver better identified for all. Adverse environmental
impacts can be mitigated only when consistent with the LWRP.
Reference:
10
.
.
SOUTHOLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
9. Whip-Sawin!! of Permit Requirements Graduallv Erode Code
Weakness: The code contains too many soft requirements - non-objective desires that
are difficult to measure and objective requirements that have unbridled waiver clauses.
Citation: Throughout
Consequence: Talented and well financed engineers and attorneys design ways to get
around soft code requirements. Given enough time and money it would appear that a
permit for anything can be obtained. If a previous application was granted a variance, that
sets a precedent for subsequent variances in similar situations, thus generating a new
weak link in the chain. This progression further erodes the code. Case law provides
precedence that progresses from small relief to ultimate code destruction.
Correction: Use more "black letter law" in the code. That is, use language that is
measurable and eliminates or reduces judgmental revisionism. Put limits on how far a
board can go in mitigating a measurable requirement.
Reference:
NFEC continues efforts to clarify and quantify requirements.
II
.
.
SOUTHOLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
10. Code Requirements can be "earned" and thus circumvented
Weakness: The town has a reputation for lax or nonexistent code enforcement, and the
town's enforcement staffing efforts have not kept up with its rapid growth. This is a
weakness of practice more than weakness of code but since it is persistent it may be
necessary to legislate action.
Citation: Both the L WRP and Chapter 275 enforcement parts.
Consequence: People "game" the requirements by not applying for a permit, by under-
performing on the information required for the application and by illegally changing the
circumstances before applying. For example, if a floating dock cannot be placed where it
cannot float (or where it would shade vegetation) some "moonlight dredging" could
remedy the problem before permit application. In another well-known example, a beach
shack on the Sound in East Marion was completely rebuilt, with the addition of a sink
and air conditioning in 2004, before a permit application was submitted to the town.
Correction: Under the (L WRP) Chapter 268-6 the Town Building Inspectors, Town
Attorney, Code Enforcement Officers and Police Department/Bay Constables are
responsible for enforcing the L WRP and issuing stop-work orders. Do it.
All construction underway in the town, especially on beaches and near wetlands, should
be checked periodically for appropriate permits. Staff for enforcement and fines should
be increased.
Reference: (LWRP) Chapter 268-6; Chapter 275-15 Coordination and Enforcement:
"No action within the Southold coastal area which is subject to review under this chapter
shall proceed until a written determination has been issued from the designated agency
that the action is consistent with the Town's LWRP policy standards. In the event that an
activity is being performed in violation of this chapter or any conditions imposed
thereunder, the Building Inspector or any other authorized official of the Town shall issue
a stop-work order and all work shall immediately cease. No further work or activity shall
be undertaken on the project so long as a stop work order is in effect."
12
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.
SOUTHOLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
11. Public Availability ofLWRP Consistency Determinations is awkward
Weakness: Science-based information is not readily available to the public prior to
permit decisions. While the professional work of the LWRP Coordinator, Environmental
Technicians and consultants is paid for with public funds, it is not generally available to
the pubic until after a wetlands permit is issued.
Citation: No part of the Town Code or LWRP deals with this communication weakness.
Consequence: The issues at public hearings are clouded at best. The Board of Trustees
properly hears public comment but the public, not being privy to the background
information, is in a disadvantaged position. Public input is inhibited and rationale behind
decisions is often not understood.
Correction: The Board of Town Trustees must post the title, author, SCTM# and date of
receipt of professional environmental information pertinent to permit applications the day
it is received on a list linked to the Town website. This link to be accessible via direct
internet access for routine monitoring as well. When one knows that a document of
interest is available, it can be obtained by FOIL.
Reference:
13
.
.
SOUTHOLD TOWN CODE WETLAND PROTECTION WEAKNESSES & CORRECTIONS
North Fork Environmental Council, December 2006
lv'ofe: This "weakness/correction" is advanced aper consideration olfheforegoing and may he redundant. overlapping
or contradictory with respect to some of the foregoing. It is an alternative with bent!flts and liabUities.
12. Southold Wetlands Protection not as Stringent as New York State Requirements
Weakness: NYS expectations oflocal protection of freshwater wetlands are not that of
casual co-existence with local government. All regulatory authority in the towns comes
from the state and is circumscribed by state law. Southold Code fails to recognize the
Town's obligations under ECL Article 24, delineated by 6NYCRR Part 665. Apparently,
Southold has never formally provided a wetlands map nor met the procedural
requirements for the local assumption of State regulatory authority; or, defined the
relationship between Southold and other law and jurisdictions. Chapter 275 appears to
attempt to stand alone and is not "at least as protective" as the New York State
Environmental Law and its Code.
Citation: Chapter 275-12-B, 6NYCRR Part 665
Consequence: Southold has failed to recognize standards for technical and
administrative capacity with respect to training and experience. There have been lapses in
decisions due to lack of reliable process and technical information. There is insufficient
rigor in addressing the protection of wetlands in the context of modern times, the L WRP
and New York State Law. There has been a shift in basic perspective to one that expects
the purpose of the Trustees to be to mitigate the requirements -- when in fact a rigorous
stance would generate permit application resolutions that would range from outright
rejection to complete acceptance.
Correction:
1. Promulgate an official wetlands map and execute the Article 24-0501 (6NYCRR Part
665-4) protocol establishing Town regulation of freshwater wetlands.
2. State the governmental relationships in Chapter 275.
3. All permit application reviews to include at least one environmental professional
reviewer. Require a three person review for approval of administrative permits.
4. Since election of Trustees does not assure administrative or technical capacity,
employ staff meeting the State requirements and arrange for overload outsourcing.
5. Consider the establishment of a small Natural Resources Department (NRD) as a
home department resource for various town functions. Establish a matrix organization
that would assign NDR staff to Town functional departments on an as-budgeted basis.
6. The Trustees hold a trust for all the people of Southold. That particular trust is
conservation and assured access to the water resources that make our town the place
in which we want to live. There are "wet" parcels in town that should not be built
upon. The Town Code so and the Trustees need to uphold that code. By aligning with
the more rigorous New York State Law, and performing the necessary work, we can
better uphold that trust.
Reference:
14
.
.
13. Terms Dermed:
Mitigate/ vl/ (1) to cause to become less harsh or hostile: mollify, (2) To make less
severe or painful: alleviate.
In Southold mitigation can occur during consideration of a permit application if proposed
by the applicant.
Variance/ n/ (1) the fact, quality or state of being variable or variant, (2) the fact or state
of being in disagreement: dissension, dispute, (3) a disagreement between two parts of
the same legal proceeding that must be consonant, (4) a license to do some act contrary
to the usual rule, (5) the square of the standard deviation.
In Southold the precursor of a variance is an administrative rejection of a permit
application.
Practicable/adj/ (I) possible to practice or perform: feasible, (2) capable of being used:
useable. (Practicable applies to what has been proposed and seems feasible but has not
been actually tested in use; Practical implies success in meeting the demands by actual
living or use.) [note that neither are economically dependant]
The "consistent to the maximum extent practicable" standard is not mentioned in the
Southold Code, but the notion is practiced. NYS stresses(l) that the intention is to cause
substantive changes in [government] decision making so that multiple policy objectives
are [best] met. No economic aspect is included in the standard, but wildly unreasonable
expense is not expected of an applicant while increased cost is anticipated and is to be
accepted.
Southold Board of Town Trustees /n/ An elected board [now of five members] created
by the New York State Legislature in 1893 to manage certain common lands arising from
the Andros Patent of 1676. Sometimes known as the "Trustees of the Town of
Southold", "the Trustees", "Town of South old Trustees", with the members being called
Trustees and earlier being called Associates, Commoners or Freeholders.
Southold Town Board /n/ An elected board of six members called council members who
act as a board to manage the affairs ofthe Town of South old.
15
. .
December 12, 2006 Property Rights and Community Agreements
Personal property rights are a comer stone of our democracy. Since the earliest settlers, the
concept of private ownership and control of homestead and farm and field has been
vigorously protected. As the country developed and the population has grown and people
settled ever more closely together in towns and cities the meaning of property rights has
slowly and necessarily changed.
The need to build public infrastructure for the benefit of the country as a whole caused
dilution of personal rights as it enlarged communal rights. A railroad right of way through a
citizen's north forty was approved and the track laid when the need was demonstrated.
It became obvious that a pig fann or slaughterhouse does not coexist with residential housing
or retail business and that many common and necessary property uses do not comfortably
coexist with others. Thus the zoning that we are familiar with today came into being. This
zoning concept is a rethinking and broadening of property rights to create an obvious
societal, communal benefit.
Today we are constantly leaming more and more about the interconnection of marshes and
swamps and watercourses to the health of the bays and oceans, our potable water supply and
finally our precarious and threatened world food supply. We are learning the damaging
effects of road run off, the poisonous effect of unmanaged human and animal waste and the
imprudent use offertilizers and pesticides.
As we amass this knowledge, changes in how we use the land that borders swamps, marshes,
creeks and bays is inevitable. Where older houses may sit on desirable waterfront locations
boasting bright green lawns to the water and less obviously cesspools in the beach, new
construction is prevented and modification to these older houses is ever more closely
controlled.
Here again the personal property rights of the waterfront owner are being modified to mesh
with the property rights of all the other citizens. For some this is a difficult realization. But it
is inevitable and the American way that advances in knowledge and scientific understanding
as exemplified by the recent adoption of the Local Waterfront Revitalization Plan and its
continued modification of policy.
The community agreement that is the Town Code seeks to define behavior that is a blend of
property rights and community rights. Its clarity determines its success. By design it is not the
extreme of either, lest that hubris diminish the quality of life we all desire.
16
.
.
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Memorandum
To: Scott Russell, Supervisor
Members of the Town Board
From: Jerilyn Woodhouse, Chair
Re: Proposed "A Local Law in relation to Stormwater. Gradinq and Drainage Control".
Date: February 27, 2007
The Planning Board supports the proposed Local Law in relation to Stormwater Grading
and Drainage Control and offers the following comments.
1. In review of Subdivisions, Section ~ 240-36. requires a New York
Department of Environmental Conservation SPDES General Permit for
Stormwater Discharges from Construction Activity (GP-02-01) for all
development disturbing greater than one acre. In addition, approval for
grading and drainage is issued by the Office of the Town Engineer prior to
Planning Board final approval.
2. In the review of Site Plans, Section ~ 280-129. Objectives. Grading and
drainage: requires that "all grading and drainage plans must meet with the
requirements of the Town Engineer and/or Superintendent of Highways." In
addition, the Planning Board also requires that the applicant provide a
SPDES permit for all site plans that disturb greater than one acre.
3. Therefore. these aforementioned sections of the code currentlv provide for
review of storm-water, qradinq and drainaqe for applications requirinq
Planninq Board approval. As proposed. the local law would require an
additional application process for Subdivisions and Site Plans. We believe
that the review process would be duplicative and therefore. request that
Subdivisions and Site Plans be exempt from the application process outlined
in section. IS 236-12. Application Process of the proposed Local Law.
Cc: Kieran Corcoran, Assistant Town Attorney
.
.
MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTH OLD
To:
Town of South old Town Board
Patricia Finnegan, Town Attorney ~
Mark Terry, Principal Planner ~
L WRP Coordinator
From:
Date: February 27,2007
Re: "A Local Law in relation to Stormwater, Gradinl!: and Drainal!:e Control".
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of
the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP)
Policy Standards. Based upon the information provided on the L WRP Consistency Assessment
Form submitted to this department as well as the records available to me, it is my determination
that the proposed action is CONSISTENT with the Policy Standards and therefore is
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: Kieran Corcoran, Assistant Town Attorney
02/27/2007 15:32
7656641
BOARD OF TRUSTEES
PAGE 02
RE: AN. ".~"".AI ~.:l7"7
Jllmes F. King, President .""'~ ~~. Town Hall
.. ~.~~ 53095 Route 25
JIll M. Doherty, V.eo.PresIdent '" y;;> P.O. Bo" 1179
Peggy A. DIekerson . . Southold, New York 11971.0959
Dave Bergen ~ ~
~ _!':S Telephone (531) 765-1892
Bob GhOSlO. ,Jr. tq-.r. ..~~ Fax (631) 765-664l
COUtITI ,"~ ~
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLl)
RECEIVED
Febnlary 27. 2007
FEB 2 7 2007
To:
Supervisor Scott Russell
Southold Town Cieri
From:
Southold Town Trustees
Subject:
Proposed Storm Water Runoff Code
As elected officials <;harged with doing what we lOan to proted our marine and freshwater
environment, the Trustees strongly appreciate the efforts that have gone into the draft of
this proposed Town Code, and strongly support it. There is one section that we would
like to provide comment on. It is the exemption provided to agricultural properties. It is
common for fanns, vineyards and sod farms to use fertilizers and pesticides. Sod farms
also use herbicides. Given the harvesting of crops and sod that is practiced, there are
several times each year where these lands could become void of vegetation, leaving them
particularly susceptible to soil runoff in what could be a normal, rather tben a heavy ra.in.
Many of our agricultural parcels are located either adjacent to, or in the immediate
vicinity of our creeks, bays, freshwater ponds and marshes. As such, the Trustees feel
very strongly that the owners of these lands must also make every effort to retain their
water flUIOff on their property. This can be done with Freneh drains, leaching pools or
other reasonable means.
The Southold Town Trustees respectfully request that the agricultural exemption
contained in this draft be removed. Thank you very much for your consideration of our
opinion.
Cc: Southold Tmstees
Southold Town Board Members
-COUNTY OF SUFFOLK-
-m 1m
(i)
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
RECEIVi:D
February 15, 2007
FEB 2 1 2007
Ms. Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road - P.O. Box 1179
Southold, NY 11971
S " .,
oc..:~,~ Tt\..~:1 (~Jrk
Re: New Chapter 236 "Stormwater, Grading and Drainage Control"
SCPC File No.: SD-07-NJ
Dear Ms. Neville:
Pursuantto Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced
application is not within the jurisdiction of the Suffolk County Planning Commission.
Very truly yours,
Thomas Isles
~_.~~,'-""'~
Director ofPI~-<-==-' .--
~~6AIC
Chief Planner
APF:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 11788-0099
.
(631) 853-5190
TELECOPIER 631) 853-4044
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown .northfork .net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 12,2007
Re: Resolution 151 - regarding Local Law in
relation to "Stormwater, Grading and Drainage
Control" of the Code of the Town of South old
Thomas Isles, Director of Planning
Suffolk County Department of Planning
Post Office Box 6 100
Hauppauge, New York I 1788-0099
Dear Mr. Isles:
The Southold Town Board at their regular meeting held on January 30, 3007 adopted
the above resolution. A certified copy of same is enclosed.
Please prepare an official report defining the Planning Commissions recommendations
with regard to this proposed local law and forward it to me at your earliest convenience.
These proposed local law has also been sent to the Southold Town Planning Board for
their review. The date and time for the Dublic hearing is 5:00PM Tuesdav. February 27.
2007. Should you have any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
~~~
Southold Town Clerk
Enclosures (3)
cc: Town Board
Town Attorney
......-.....,',~."?..
LEGALS...
From previous page
11\
be developed or disturbed except for
conseivatioD. measures or measures in-
tended to remove debris which inhibits
shall remain so for the shortest practical the functioning of the swale, except ac-
period of time during site clearing, con- cessways to shorelines approved by the
struction and restoration. Board of 1h1stees shall be permitted.
g) Disturbed soils shall be stabilized Natural vegetation and topography shall
~d revegetated or seeded as soon as be retained to stabilize soils and reduce
practicable. During the interim, erosion the volume of stormwater overflow.
protection measures such as temporary w) On lands having sJopes of less tban
vegetation, retention ponds, recharge twenty (20) percent, but composed of
basins, berming, silt traps and mulching highly erodible soils, development pro-
shall be used to ensure that sedimenta- posals shall include consideration of the
tion is minimized and mitigated. load-bearing capacity of the soils. Unless
h) In no case shall stOnD-water be di- it can be demonstrated that the soils can
verted to another property either during be stabilized with a minimum of on.site
site preparation or after development. In disturbance and no adverse impacts to
appropriate cases, with the, appro~al of ,the stability of neighboring_flroperties,
.u.p"'_...., '. lhe~_Of~~a:'"",::~~LC;f:,L~( ,~~ n~_...
~8eureJl;'SXlmos Ja1~A\ 's;;unplU1S 'Sp'80J .l:~~o~d \)tp 1'8111.JOP~Su:I 8u~pnna'atp pOOH AouQ8
8~pnp~'..\.rnPunoq Q1~S Qlp}OlQ;)} (OOS) Po UOlpU}SQus \)tp 01 al'8usuOWQP rrells l'8JapQd \)t{l
paJpunq \)AY UN1Vo\- pU~ uo ~Q;m~) ~lUlI:ld l'8dJ:JlUnw JO} Sltnr.')!1dd'8 rrv .JQ1 '(reQA q::ma
QP~W-uuw puu 1~m1'8U 8~151XQ Q '8aJ:)'8 _ ''8 Sl j\). un PQ.I1nb~u 10U S! l~W1ad -QUO '8 S'8q 1'8
Q1~S 'SQ1.l8Punoq wQdOJd )0 uO!ld~J:)S:; ~J;:;:> .~'O:'OJa ~ ~JaqA\ UQAQ 'Q1!S uo QUO 'uQAQ,
PU'O uO!ltr.l:Ol \)tp g~M.oqs q;)~ Qql 1 1 0:; '0 Dunno:> 01 pa.I1nb;)J :xt U'8qs .AU aq1 no 1
lQa} (001) p:upunq QUO u'Oql ssal10U)0 n~~~ ;~uoo' UO!l;)OJ1SUOO 1uauuuuQ<! alp 011;)Qfq
QPPS ~ 01 UM.'8Jp a1~s Qlp )0 UUId V (z P ,6UJodWQ1 QPIAOJd U'8qs s::y')'8pns 000'1.>1 "M
.s8mpuno.l1ns ItUQUQ8 Sl~ 01 al~s Qq1 jO pu'O d )0 lUQwa:mld:u JO UOQIP l
dlllSUO!llrlQl Qlp SU~1AOqS q;)U~ (1) auo 01 sno~.ua ~ . .'. ~Viin::irg(
-b- ~...a"'. es or in water channels. -r
The proposed Local Law entitled ~ DISCHARGE - to emit, expel, pour, SITE PREPARATION>
..... Law ia relation to Stonnw~ter. d?"~t or otherwise cause the flow of liq- ties of stripping, clearing, f-
I" -. ud Dnin_ee Control" reads uld m a manner other than the natural cavating, filling, and gradi~
as follows: course of that liquid which existed prior construction or other use
I,OCAI. I.AW NO. 2007 to the disturbance of the natural state of STORMWATER RU
A Local Law entitled, "A Loc:aIl.aw the land upon which it flowed, if any. par, of precipitation that ._
....-00. to Stonnwater. Grsdin. and DRAINAGE SYSTEMS - Includes land surface.
Dni._eeControl." gutters, swales, pipes, conduits and super- STRIPPING - The pri
BE IT ENACTED by the Town Board structures (e.g., drywells, sumps, berms, chanically scraping away t~
of the Town of Southold as follows: etc.) for the collection and conduction of STRUCTURE - Any
I. A new Chapter 236 of the Code of stOnD-water ~ an adequate facility for its structed, ~rected, in~tall~
the Town of Southold is hereby adopted storage and disposal. land or. 10 water, mclu~
as fallows: EROSION - The wearing away of sheds, mobile homes, ta
t 2J6..1. TItle. This local law shall be land as a result of the ~ti?? of natural piers, and docks and any a
known as the "Stormwater, Grading and forces or man-related actiVities. teratlans thereto. ~
Drainage Control law". EROSION, SEDIMENTATION TOPSOIL - The uppe~ '
t 2J6..2.Statntory Authorization. This AND STORMWATER RUNOFF soil, usually the top 15-zq
local law is enacted pursuant to Section CON1ROL PLAN - A drawing show- the highest concentrat~'
10 of the Municipal Home Rule Law to ing the proposed use of the site and the matter and microorganis :
promote the public health, safety and methods,. techniques and impro~ements, ~ost of the Earth's biolo
general welfare of Town citizens through both durmg and after construction, that Ity occurs. Plants gener g
land use regulations intended to control will be employed to control erosion, sed- their roots in, and Obta~'
flooding, erosion or sedimentation with- imentation and stOnD-water runoff, which nutrients from this layer. .
in the entire Town. The variance provi- shall employ best managem~nt practices. measured as the depth fr _
sion of this local law shall supersede any 'Yhere the nature of the. e~ting condi- to the first densely pac t
inconsistent portions of the Town Law tIons and proposed actiVItIes warrant, known as hardpan. ~
Section 267-a and govern the subject of the Building Inspector may require that t 236-5. This localla~
variances in this local law. such plan be prepared by a registered all property within the l~lr
t 236-3. Purpose. It is the purpose of design professional licensed in the State old, and shall govern: :;~
this local law to promote and protect, to of New York, A. All~grading, drainal
the greatest extent practicable, the pub- EXCAVATION - The removal, addi- control, whether or not 1
lic health, safety and general welfare by: tion, or alteration of soil, sand, or veg- quired;
(a) Minimizing soil erosion,sedimen- etation by digging, dredging, drilling, cut- B. All new or replao
tation and stOnD-water runoff; ting, scooping, or hollowing out. surface ilnd all land distUl
(b) Controlling, restricting or pro- FILLING - The deposition of natural whether or not a perinit i!
hibiting activities which alter natural or artificial material so as to modify the C.All discharges direct
drainage systems, floodplains, stream surface or subsurface conditions of up- to a highway or public rig
channels and natural protective features, land or underwater land. lic drainage control systel
....."},,.A1>>--'k-~l.c.a..d..:..._nzhicl1 (,,_fintrihllt"'-_to__ GRADti'fG,~Th_e,_~.!~.!'!til;>n. filling property, ~~~land or pu
jurisdiction to be invalid, the judgment
shall nat affect the validity of this law as
a whole or any part thereof other than
the part so decided to be unconstitution~
al or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect im-
mediately upon ftIing with the Secretary
of State as provided by law.
Dated: January 30,2007
BY ORDER OF
THE TOWN BOARD
OFTHE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
8221-1T2I8
:1
,
!i
#8221
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Candice Schott of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 week(s), successively, commencing on the 8th day of Februarv.2007.
G,^d~CQJJu ~
Principal Clerk
Sworn to before me this
2007
q
day of
1=(0
C1~ Vvm~ UJ Iu) { ,(
CHRISTINA VOllNSKI
iIIQ1ARY PUBLlC.STMr OF NEW YORK
No. 01.\<04105050
Q\l\!llllled Ip :'u!fol~ County
c"'''''''''''O" bplt'" comuoty 28. 2008
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown. northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 12, 2007
Re: Resolution No. 151 regarding proposed
Local Law in relation to "Stormwater, Grading
and Drainage Control" of the Code of the Town
of Southold
Jerilyn B. Woodhouse, Chairman
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Dear Ms. Woodhouse:
The Southold Town Board at their regular meeting held on January 30, 2007 adopted the
above resolution. A certified copy of same is enclosed.
Please prepare an official report defining the Planning Board's recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law has also been sent to the Suffolk County Planning Department for
their review. The date and time for the public hearing is 5:00 PM, Tuesday, February
27, 2007. Should you have any questions, please do not hesitate to contact me. Thank
you.
Very truly yours,
~<it~mtQ~
Eliza eth A. Neville
Southold Town Clerk
Enclosures (2)
cc: Town Board
Town Attorney
LI[i\\j\
.
.
L. K. McLean Associates, P. C.
437 South Country Road . Brookhaven . New York . 11719
CONSULTING ENGINEERS
(631) 286.8668 . FAX (631) 286-6314
EUGENE F. DALY, P.E, PTOE'", PRESIDENT and CEO.
RAYMOND G. DiBIASE. P.E., p.T.a.E.lM, EXECUTIVE VICE PRESIDENT
JOSEPH F. CLINE, P.E.. VICE PRESIDENT
ROY R. FULKERSON, P.L.S., VICE PRESIDENT
ALBERT T. DAWSON, P.E.. VICE PRESIDENT
Associates
CHRISTOPHER F. DWYER
JAMES l. DeKONING, P.E.
ROBERT A. STEELE, P.E
Fcbruary 26,2007
Mrs. Patricia Finnegan Esq., Town Attorney
Town of South old
53095 Route 25
Southold, N,Y. 11971
RE: Proposal to Complete SEQR - New Local Law
"Town of South old Local Law in relation to Storm water, Grading & Drainage Control".
. Dear Mrs. Finnegan:
As requested by your office, the following is our cost proposal for providing professional services to
complete the State Environmental Quality Review associated with the adoption of a new local law by the
Town of South old Town Board (as presented to the Town Board on January 30, 2007).
Upon reading the draft copy of the proposed Local Law (sent via email byKieranCorcoran).itis our
understanding that the Town of SouthoJd intends to adopt a new local law to the Town Code (Section
236) relative to stormwater, grading and drainage control requirements.
Our lump sum fee for the professional services indicated above is $375.00
We wish to thank you for the opportunity to provide this proposal.
Very Truly Yours
~~~J ~ JJ;..-r.-/
CFD:cfd
Christopher F. Dwyer
Associate
CC: LKMA Comptroller Copy
LKMA File Copy
mJ 2 7 2007
. Founded in 1950.
LI[i\\i\
.
.
L. K. McLean Associates, P.c.
437 South Country Road. Brookhaven. New York. 11719
CONSULTING ENGINEERS
(631) 286-8668 . FAX (631) 286-6314
EUGENE F. DALY, P.E., P.T.O.E.™, PRESIDENT and CEO.
RAYMOND G. DiBIASE, P.E., P.T.O.E.™, EXECUTIVE VICE PRESIDENT
JOSEPH F. CLINE, P.E.. VICE PRESIDENT
ROY R. FULKERSON, P.LS.. VICE PRESIDENT
ALBERT T. DAWSON. P.E.. VICE PRESIDENT
Associates
CHRISTOPHER F. DWYER
JAMES L. DeKONING, P.E.
ROBERT A. STEELE, P.E.
February 26, 2007
Mrs. Patricia Finnegan Esq., Town Attorney
Town of South old
53095 Route 25
P.O, Box 1179
Southold, N.Y. 11971-0959
Ll COpy
RE: SEQR for New Local Law to Town Code - "A Local Law in relation to Stormwater,
Grading & Drainage Control" - Chapter 236 (New)
LKMA Project No. 04010.010
Dear Mrs. Finnegan:
As requested by the Town of Southold, our office has reviewed the proposed action to be taken
by the Town of Southold as presented to the Town Board of the Town of Southold on January
30,2007. The new local law to the Town Code is classified as a SEQRA Unlisted Type Project
in accordance with Title 6 of the New York Code of Rules and Regulations. As such, the action
requires a determination of significance by the Town (Lead Agency) and a SEQR review (see
attached SEAF).
The new local law to Town Code, as defined in the attached resolution, is intended to establish
clear standards to promote and protect (to the greatest extent practicable) the public health, safety
and general welfare by establishing new requirements for property owners with construction
projects. The project would have to exceed the minimum thresholds as defined in the new local
law. The action is being offered to add a local law that protects property owners, public
lands/right-of-ways and natural protective areas (wetlands or public waterways) from potentially
adverse affects of construction projects, Specific and/or individual projects cannot be evaluated
at this time. Our office is confident that the adoption and adherence to this new local ordinance
proposed by the Township will prevent (to the greatest extent practicable) a project from creating
adverse impacts to the environment with respect to stormwater runoff. Please refer to the
attached Short Environmental Assessment Form and complete Part III as Lead Agency. Based
upon the proposed legislation to control stormwater as a result of grading, alterations and new
construction (yielding no significant adverse impacts), our office recommends a negative
declaration be issued by the Southold Town Board.
If you should have any questions regarding the content of this evaluation by our office please do
not hesitate to contact this office directly.
Very Truly Yours
CFD:cfd
Enc.: (2) SEAF & Draft Resolution
CC:~ L.
A File Copy w/enc.
~F&'/'
Christopher F. Dwyer
Associate
~
. Founded in 1950.
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.
.
PART I - PROJECT INFORMATION ITo be comnleted bv A lplicant or Proiect Soonsorl
1. APPLICANT/SPONSOR 2. PROJECT NAME
CHRISTOPHER F. DWYER. ASSOCIATE PROPOSED TOWN CODE - STORMW ATER CONTROL
3. PROJECT LOCATION:
Municipality TOWN OF SOUTHOLD County SUFFOLK
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
53095 ROUTE 25 - TOWN HALL SOUTHOLD NEW YORK 11971
5. PROPOSED ACTION IS:
o New D Expansion D Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
The modifications consist of adding a new local law in the Town Code that protects and promotes public health, safety and general
welfare by implementing sound storm water management practices by the property owner. The action is clearly an administrative
procedure and can only be evaluated on a project specific basis. The new local law should have a positive impact environmentally.
7. AMOUNT OF LAND AFFECTED:
Initially u.uv acres Ultimately U.UU acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
!lIYes DNO If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
o Residential D Industrial D Commercial D Agriculture D Park/Forest/Open Space 1ZI Other
Describe:
NOT APPLICABLE. THE PROJECT CONSISTS OF ENACTING A NEW LOCAL LAW THAT IS TO BE ENFORCED
TOWN WIDE BASED UPON CERTAIN THRESHOLDS AND CONDITIONS (SEE A TT ACHED DRAFT RESOLUTION OF
LAW FOR FURTHER DETAILS).
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL. STATE OR LOCAL)?
1ZI Yes D No If Yes, list agency(s) name and permit/approvals:
THE NEW LAW WILL REQUIRE THE PROPERTY OWNER TO COMPLETE A FORM TO_
ASSESS WHETHER A STORMW ATER MANAGEMENT PLAN IS NEEDED.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes 1ZI No If Yes, list agency(s) name and permit/approvals:
NOT APPLICABLE - CURRENT TOWN CODE
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
DYes !lINo
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: L.K. McLEAN ASSOCIATES PC, CHRISTOPHER F. DWYER Date: 2/23/07
Signature: f7I :.- ~ ~ Ar..... - /
.
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
QVER
1
fll(ls~t
PART II - IMPACT ASSESSMENT To ompleted b Lead A enc
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4?
DYes 0 No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
DYes 0 No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly;
.
If yes, coordinate the review process and use the FULL EAF
NONE. ONLY IMPROVE THE QUALITY OF GROUNDWATER, EROSION, DRAINAGE AND FLOODING
PROBLEMS.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
NONE
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
NONE
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
NONE
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
THE NEW LAW MAY CONTROL GROWTH IN LOW-LYING AREAS OR SLOPED PROPERTIES WITHIN THE
TOWN.
C6. Long term, short term, cumulative, or other effects not identified in C1.C5? Explain briefly:
NONE
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
NONE
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
DYes lZl No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
DYes 0 No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility;...(e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
D
D
Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL
EAF and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action Will
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
TOWN OF SOUTHOLD
2/23/07
Name of Lead Agency
Date
Print or Type Name of Responsible Officer in Lead Agency
Title of Responsible Officer
Signature of Responsible Officer in Lead Agency
Signature of Preparer (If different from responsible officer)
Reset
.
.
TOWN OF SOUTHOLD "Storm-water Run-off" ASSESSMENT FORM
ACTIONS REOUIRING THE SUBMISSION OF A STORM-WATER. GRADING. DRAINAGE & EROSION
CONTROL PLAN CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK.
Item Number: (A Check Mark (J) for each question is required for complete application)
Yes
No
1.
Will this project retain all Stonn-Water Run-off on Site that may be generated by a
two (2") inch rainfall event, before, during and after construction is complete?
(This will include all run-off created by site clearing and/or construction activities as well as all
Site Improvements and the permanent creation of impervious surfaces.)
2.
Will this project require any land filling, grading or excavation where ther<l:\s,~Fhange to the
natural existing grade involving more than 200 cubic yards of material within a:Q,y parcel?
-D
bJ
D
"~.r..'
..t=.I
bl
[;]
[;]
3.
Will this application require land disturbing activities encompas~jng art area
of five thousand (5,000) square feet of ground surface or more7
4.
Is there a Natural Water course running through the site otis this project within
One hundred (100) feet of wetlands or a beach?
5.
Will there be site preparation on existing slopes which exceed t~~;~;j.~!)feet ot-vertical rise to
One hundred (100') feet of horizontal distance? .
6.
Will driveways, parking areas or other imperYious surfaces direct StorffiA~r{ller Run-off
into and/or in the direction of a Town Right-or~Way &radjacent propertiest'; "
7.
.'.c_......'..."._......'...'................'.
Will this application require the placement of m"~~rial, r~~{E~~,"fy~,getatiofi and/or the
construction of any item within the Town Right-o'tAWaYJ-pf roadS'~f~.llrea?
(This item doesn~~ i!\~lIl!~'8e(installation of dri\l~ry aprons.) ...
Will there be site Pf~~.ration with~the one hundred (lpO) year floodplain of any watercourse? I I
~- -',', .. ~. ,-,
8.
'~/;:;_':'\:.:-_._,,_:-f'-- _. ,\;''''
Note: If any answer to questions drtt111t9ugll'~~*Y.~ is answerec!fwlth a check mark located in a Box; a Storm-water, Grading,
Drainage & Erllsion Control Pla~Vij!l:be reqti(feit_JfflIIltbUllbmitled for review prior to issuance of any Town permit.
_________~4~'~~~~_-___4~b_--__~2~~~___------------------------------
STATE OF NEW YORK, . .
. COUNTY OF... ............,.
..................:.:.,..:.......
.... ~s
That I,
. being duly sworn, deposes and says that he/she is the applicant for Permit,
. ...;;~{;;;:;i;;...
........... ._.-ii'-';.~...
(Narril'l'_~l!t9}vidual signing DocumeAit:
And that He/She is the ..
(Owner, Contractor, Agent, Corporate Officer, etc.)
Owner and/or representatt.Y~,;gJthe OW~~for Owner's, and is duly authorized to perform or have performed the said work and to make
and file this application; that'~(!f"~;at~~nts contained in this application are true to the best of his knowledge and belief; and that the
work sill be performed in the 1ty~I!~r set forth in the application filed herewith.
Sworn to before me this;
..................~~...............w
Notary Public: ..........................................................................
(Signature of Applicant)
.
.
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 30th day of January, 2007 a Local Law entitled "A Local Law in
relation to Stormwater. Grading and Drainage Control" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on
February 27, 2007 at 5:00 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 Stormwater. Gradinl!: and
Drainage Control" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Stormwater. Grading and Drainage
Control".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 236 of the Code of the Town of Southold is hereby adopted as
follows:
~ 236-1. Title. This local law shall be known as the "Stormwater, Grading and
Drainage Control law".
~ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 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. The variance provision of this local
law shall supersede any inconsistent portions of the Town Law Section 267 -a and
govern the subject of variances in this local law.
~ 236-3. Purpose. It is the purpose of this local law to promote and protect, to the
greatest extent practicable, the public health, safety and general welfare by:
(a) Minimizing soil erosion, sedimentation and stormwater runoff;
-1-
.
.
(b) Controlling, restricting or prohibiting activitics which alter natural
drainage systems, floodplains, stream channels and natural protective
features, including wetlands, which contribute to the accommodation
of flood waters 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; and
(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 discharge onto public lands, neighboring
properties or natural protective features.
(e) Promoting the recharge of stormwater into the fresh water aquifer to
protect the drinking water supply and minimize salt water intrusion.
~ 236-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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 PRACTICE - Procedures and methods pertaining
to construction activities which are intended to prevent stormwater runoff,
retain valuable topsoil and minimize water pollution.
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.
CONSTRUCTION - The siting, building, erection, extension, or material
alteration of any structure the use of which requires permanent or
-2-
.
.
temporary location on the ground, as well as the installation of any
hardened surfaces at or below grade.
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 landforms.
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., drywells, 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, SEDIMENT AnON AND STORMW ATER RUNOFF
CONTROL PLAN - A drawing showing the proposed use of the site and
the methods, techniques and improvements, both during and after
construction, that will be employed to control erosion, sedimentation and
stormwater runoff, which shall employ best management practices.
Where the nature of the existing conditions and proposed activities
warrant, the Building Inspector may require that such plan be prepared by
a registered design professional licensed in the State of New York.
EXCA V AnON - 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.
GRADING - The excavation, filling or alteration of the surface or
subsurface conditions of land, lakes, ponds, or watercourses.
-3-
.
.
ILLICIT DISCHARGES - Illicit Discharges shall include but not be
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.
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.
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 WATERCOURSE - The route farmed 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.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff,
dune or wetland and the vegetation thereon.
ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the
highest level of flooding that, on the average, is like! y to occur once every
one hundred (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 Town Clerk's Office,
Town of Southold.
-4-
.
.
RESPONSIBLE PARTY - Owners and occupants of premises, applicants
for municipal permits, and any other person or entity contributing to an act
regulated by this local law.
SEDIMENT A nON - 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.
SITE PREP ARA nON - The activities of stripping, clearing, grubbing,
excavating, filling, and grading to facilitate construction or other use of
the land.
STORMW ATER RUNOFF - That part of precipitation 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.
TOPSOil- - The uppermost layer of soil, usually the top 15-20 cm, it
having the highest concentration of organic matter and microorganisms,
and where most of the Earth's biological soil activity occurs. Plants
generall y concentrate their roots in, and obtain most of their nutrients from
this layer. Topsoil can be measured as the depth from the surface to the
first densely packed soil layer known as hardpan.
~ 236-5. This local law shall apply to all property within the Town of
Southold, and shall govern:
A. All grading, drainage and erosion control, whether or not a permit is
required;
B. All new or replaced impervious surface and all land disturbing
activities, whether or not a permit is required;
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.
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* 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 Drainage
Control Permit 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
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installation of gutters, leaders, drywells or other measures, prior to the
issuance of such a municipal permit.
~ 236-10. Activities Requiring a Drainage Control Permit.
None of the following activities shall be undertaken until a Drainage
Control Permit has been issued under the provisions of this local law.
1) Grading or stripping which affects more than five thousand (5,000)
sq uare feet of ground surface.
2) Excavation or fiUing 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.
The following activities shall be exempted from such review:
I) 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 storm water runoff
control measures wiU 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, ~, open decks, where the removal of topsoil
allows for the recharge of groundwater.
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~ 236-11. Compliance.
Where a Drainage Control Permit is required by this Local Law, all
development, constmction, excavation and landscaping activities shall be
conducted in accordance with an approved Erosion, Sedimentation and
Stormwater Runoff 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 and require a Drainage Control Permit shall also submit an
Erosion, Sedimentation and Stormwater Runoff Control Plan to the
Building Inspector.
b) Upon receipt by the Building Inspector of any application for a
Drainage Control Permit to conduct any activity regulated by this law, the
Building Inspector may refer the proposed Erosion, Sedimentation, and
Stormwater Runoff Control Plan to the Town Engineering Department for
comment and recommendation. No municipal permit that shall be issued
for activities requ' 'ng a Drainage Control Permit, nor shall any
application ther for e deemed complete, until the Building Inspector has
first issued its ap oval of the Erosion, Sedimentation and Stormwater
Runoff 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:
I) A vicinity map drawn to a scale of not less than two
thousand (2,000) feet to one (I) 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 stmctures, 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.
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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 Erosion, Sedimentation
and Stormwater Runoff Control Plans.
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
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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 NYS DEe SPDES Program 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,
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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 anclJor
grading, shall retain a natural vegetative buffer zone along waterbodies,
including wetlands and marshes, if one is imposed by the Board of
Tmstees. 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.
I) Site designs shall minimize impermeable paving.
m) Stormwater mnoff 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 constmcted 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
constmction 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.
0) Subsurface sediments shall be maintained to provide stmctural
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 flood way areas. All fill shall be compacted at a
final angle of repose which provides stability for the material, minimizes
erosion and prevents settlement.
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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. Approved Plans.
Plans approved by the Building Inspector in conjunction with the
issuance of a Drainage Control Permit shall also be filed with the County
Clerk indicating that such plans are binding as against future purchasers,
granting the Town permission to enter the property for compliance
enforcement purposes, and containing a summary of the plan's
requirements.
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* 236-15. Variances.
A variance may be granted by the Zoning Board of Appeals of the Town
of Southold upon receipt of an application from a property owner which
demonstrates unnecessary hardship from the imposition of such
regulations.
* 236-16. Inspection, Restoration, Certificate of Occupancy and Fines.
a) Inspection
Inspection for soil erosion, sedimentation, and mnoff 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 Occuoancv.
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
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person shall bc 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.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be
adjudged by any court of competent jurisdiction to be invalid, the judgment shall not
affect the validity of this law as a whole or any part thereof other than the part so
decided to be unconstitutional or invalid.
III. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State
as provided by law.
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LEGAL NOTICE .
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the
Town of South old, Suffolk County, New York, on the 30th day of January, 2007 a Local
Law entitled "A Local Law in relation to Stormwater, Gradinl! and Drainal!e
Control" and
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 the Southold Town
Hall, 53095 Main Road, Southold, New York, on February 27, 2007 at 5:00 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 Stormwater. Gradinl!
and Drainal!e Control" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Stormwater. Gradinl! and
Drainal!e Control".
BE IT ENACTED by the Town Board ofthe Town of Southold as follows:
I. A new Chapter 236 of the Code ofthe Town of South old is hereby adopted as
follows:
~ 236-1. Title. This local law shall be known as the "Stormwater, Grading and Drainage
Control law".
~ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 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. The variance provision of this local law shall
supersede any inconsistent portions of the Town Law Section 267-a and govern the
subject of variances in this local law.
~ 236-3. Purpose. It is the purpose of this local law to promote and protect, to the
greatest extent practicable, the public health, safety and general welfare by:
(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
wetlands, which contribute to the accommodation of flood waters and retention of
sediment;
(c)
controlll restricting or prohibiting land use act.ies which increase nonpoint
source pollution due to stormwater runoff, and/or which result in discharge onto
public lands, neighboring properties or natural protective features; and
Assuring that land and water uses in the Town are designed and/or conducted
using best management practices to control flooding, stormwater runoff and
discharge onto public lands, neighboring properties or natural protective features.
Promoting the recharge of stormwater into the fresh water aquifer to protect the
drinking water supply and minimize salt water intrusion.
(d)
(e)
~ 236-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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 PRACTICE - Procedures and methods pertaining to
construction activities which are intended to prevent stormwater runoff, retain valuable
topsoil and minimize water pollution.
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.
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.
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 landforms. 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 ofthe land upon which it flowed, if any.
DRAINAGE SYSTEMS - Includes gutters, swales, pipes, conduits and superstructures
(e.g., drywells, sumps, berms, etc.) for the collection and conduction of stormwater to an
adequate facility for its storage and disposal.
EROSION - Th.earing away ofland as a result of the .on of natural forces or man-
related activities.
EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN-
A drawing showing the proposed use of the site and the methods, techniques and
improvements, both during and after construction, that will be employed to control
erosion, sedimentation and stormwater runoff, which shall employ best management
practices. Where the nature of the existing conditions and proposed activities warrant,
the Building Inspector may require that such plan be prepared by a registered design
professional licensed 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.
FILLIN G - The deposition of natural or artificial material so as to modify the surface or
subsurface conditions of upland or underwater land.
GRADING - The excavation, filling or alteration of the surface or subsurface conditions
of land, lakes, ponds, or watercourses.
ILLICIT DISCHARGES - Illicit Discharges shall include but not be 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.
IMPERVIOUS SURF ACE - 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.
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 WATERCOURSE - The route farmed 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.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland
and the vegetation thereon.
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ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of
flooding that, on the average, is likely to occur once everyone hundred (100) years (Le.,
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.
RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal
permits, and any other person or entity contributing to an act regulated by this local law.
SEDIMENT AnON - 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.
SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating,
filling, and grading to facilitate construction or other use of the land.
STORMW A TER RUNOFF - That part of precipitation 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.
TOPSOIL - The uppermost layer of soil, usually the top 15-20 cm, it having the highest
concentration of organic matter and microorganisms, and where most of the Earth's
biological soil activity occurs. Plants generally concentrate their roots in, and obtain
most oftheir nutrients from this layer. Topsoil can be measured as the depth from the
surface to the first densely packed soil layer known as hardpan.
~ 236-5. This local law shall apply to all property within the Town of South old, and shall
govern:
A. All grading, drainage and erosion control, whether or not a permit is
required;
B. All new or replaced impervious surface and all land disturbing activities,
whether or not a permit is required;
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:
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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
operational source controls to include but not be limited to:
maintain
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 Drainage Control Permit 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.
~ 236-10. Activities Requiring a Drainage Control Permit.
None of the following activities shall be undertaken until a Drainage Control Permit has
been issued under the provisions of this local law.
I) 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.
The following a.ities shall be exempted from such rev.:
I) 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, M" open decks, where the removal of topsoil allows
for the recharge of groundwater.
~ 236-11. Compliance.
Where a Drainage Control Permit is required by this Local Law, all development,
construction, excavation and landscaping activities shall be conducted in accordance with
an approved Erosion, Sedimentation and Stormwater Runoff 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 and require a Drainage Control Permit shall also submit an
Erosion, Sedimentation and Stormwater Runoff Control Plan to the
Building Inspector.
b) Upon receipt by the Building Inspector of any application for a Drainage
Control Permit to conduct any activity regulated by this law, the Building
Inspector may refer the proposed Erosion, Sedimentation, and Stormwater
Runoff Control Plan to the Town Engineering Department for comment
and recommendation. No municipal permit that shall be issued for
activities requiring a Drainage Control Permit, nor shall any application
therefor be deemed complete, until the Building Inspector has first issued
its approval of the Erosion, Sedimentation and Stormwater Runoff 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:
I) A vicinity map drawn to a scale of not less than two thousand
(2,000) feet to one (I) inch showing the relationship of the site to
its general surroundings.
2)
8an of the site drawn to a scale of not II 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.
Location and description of proposed changes to the site and
existing development on the site, which includes:
3)
a) all excavation, filling, stripping and grading proposed to be
undertaken, identified as to the depth, volume, and nature
ofthe 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 Erosion, Sedimentation and
Stormwater Runoff Control Plans.
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.sion potential and handle adequately .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 NYS DEe SPDES Program 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.
I) Site designs shall minimize impermeable paving,
m) Stormwater runoff shall not be directly discharged to surface waters,
marshes and wetlands. Storm water 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
"
x)
0)
should ntdisturb wetlands either by direct remolPofVegetation 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,
Subsurface sediments shall be maintained to provide structural support for
the soils of the wetlands,
The elevation of a wetland shall not be altered,
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.
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.
Trails and walking paths along waterbodies shall be sited and constructed
so they are not a source of sediment subject to the approval ofthe Board
of Trustees.
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.
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.
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,
On lands having slopes ofless 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,
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.
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~ 236-14. Approved Plans,
Plans approved by the Building Inspector in conjunction with the issuance of a Drainage
Control Permit shall also be filed with the County Clerk indicating that such plans are
"
binding as agaiI'future purchasers, granting the Town aission to enter the property
for compliance enforcement purposes, and containing a summary of the plan's
requirements.
~ 236-15. Variances.
A variance may be granted by the Zoning Board of Appeals of the Town of Southold
upon receipt of an application from a property owner which demonstrates unnecessary
hardship from the imposition of such regulations.
~ 236-16. 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. Ifno 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 ofland 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 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 enfolment ofthe provisions of this Chaptertd 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 ofthe 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 adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: January 30, 2007
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON FEBRUARY 8. 2007. AND FORWARD ONE (I)
AFFIDAVIT OF PUBLICA nON TO ELIZABETH NEVILLE. TOWN CLERK.
TOWN HALL. P.O. BOX 1179. SOUTHOLD. NY 11971.
Copies to the following:
The Suffolk Times
Town Attorney
Planning Board
Zoning Board of Appeals
Town Board Members
Town Clerk's Bulletin Board
Building Department
Trustees
.
.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being
duly sworn, says that on the..J- day of F ~1\.Lt "'1 ,2007, she affixed a
notice of which the annexed printed notice is a true copy, i 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.
Local Law PH 2/27/07 5:00 p.m.
~~._/"~?:J-../d
lizabeth A. NevI
Southold Town Clerk
Sworn before me this
-Lday o~o~ A .(~
v\~~ .
otary Public
LYNDA M. BOHN
NOTARY PUBLIC, State of New YDlIt'
No. 01 B06020932
Qualified in Suffolk Counl1
Term Expires March 8, 20 .o:;J
Town of Southold - Letter.
Board'eetin~~ary 30, 2007
RESOLUTION 2007-151
ADOPTED
Item # 23
DOC ID: 2571
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-151 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 30, 2007:
WHEREAS, there has been presented to the Town Board ofthe Town of Southold, Suffolk County, New
York, on the 30th day of January, 2007 a Local Law entitled "A Local Law in relation to Stormwater.
Gradine and Drainaee Control" now, therefore, be it
RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on February 27, 2007 at
5:00 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 Stormwater. Gradine and Drainaee
Control" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Stormwater. Gradine and Drainaee Control".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. A new Chapter 236 of the Code of the Town of South old is hereby adopted as follows:
~ 236-1. Title. This local law shall be known as the "Stormwater, Grading and Drainage Control
law".
~ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 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. The variance provision ofthis local law shall supersede any inconsistent portions of the
Town Law Section 267-a and govern the subject of variances in this local law.
~ 236-3. Purpose. It is the purpose of this local law to promote and protect, to the greatest extent
practicable, the public health, safety and general welfare by:
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(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 wetlands,
which contribute to the accommodation of flood waters 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; and
(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 discharge onto
public lands, neighboring properties or natural protective features.
(e) Promoting the recharge of stormwater into the fresh water aquifer to protect the
drinking water supply and minimize salt water intrusion.
~ 236-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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 PRACTICE - Procedures and methods pertaining to
construction activities which are intended to prevent stormwater runoff, retain valuable
topsoil and minimize water pollution.
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.
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.
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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 landforms. 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 ofthe land upon which it flowed, if any.
DRAINAGE SYSTEMS - Includes gutters, swales, pipes, conduits and superstructures
(e.g., drywells, sumps, berms, etc.) for the collection and conduction of storm water 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, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN-
A drawing showing the proposed use of the site and the methods, techniques and
improvements, both during and after construction, that will be employed to control
erosion, sedimentation and stormwater runoff, which shall employ best management
practices. Where the nature of the existing conditions and proposed activities warrant,
the Building Inspector may require that such plan be prepared by a registered design
professional licensed in the State of New York.
EXCA V A TION - 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.
GRADING - The excavation, filling or alteration of the surface or subsurface conditions
of land, lakes, ponds, or watercourses.
ILLICIT DISCHARGES - Illicit Discharges shall include but not be 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.
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IMPERVIOUS SURF ACE - 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.
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 WATERCOURSE - The route farmed 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.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland
and the vegetation thereon.
ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of
flooding that, on the average, is likely to occur once every one hundred (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.
RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal
permits, and any other person or entity contributing to an act regulated by this local law.
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.
SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating,
filling, and grading to facilitate construction or other use of the land.
STORMW A TER RUNOFF - That part of precipitation that flows over the land surface.
STRIPPING - The process of mechanically scraping away topsoil.
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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.
TOPSOIL - The uppermost layer of soil, usually the top 15-20 cm, it having the highest
concentration of organic matter and microorganisms, and where most of the Earth's
biological soil activity occurs. Plants generally concentrate their roots in, and obtain
most of their nutrients from this layer. Topsoil can be measured as the depth from the
surface to the first densely packed soil layer known as hardpan.
~ 236-5. This local law shall apply to all property within the Town of Southold, and shall
govern:
A. All grading, drainage and erosion control, whether or not a permit is
required;
B. All new or replaced impervious surface and all land disturbing activities,
whether or not a permit is required;
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.
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~ 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 Drainage Control Permit 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.
~ 236-10. Activities Requiring a Drainage Control Permit.
None ofthe following activities shall be undertaken until a Drainage Control Permit has
been issued under the provisions of this local law.
I) 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.
The following activities shall be exempted from such review:
I) 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 ofthe property involved.
2) Emergency repairs on public or private objects, necessary for the
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Town of Southold - Letter-
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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,~, open decks, where the removal of topsoil allows
for the recharge of groundwater.
~ 236-11. Compliance.
Where a Drainage Control Permit is required by this Local Law, all development,
construction, excavation and landscaping activities shall be conducted in accordance with
an approved Erosion, Sedimentation and Stormwater Runoff 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 and require a Drainage Control Permit shall also submit an
Erosion, Sedimentation and Stormwater Runoff Control Plan to the
Building Inspector.
b) Upon receipt by the Building Inspector of any application for a Drainage
Control Permit to conduct any activity regulated by this law, the Building
Inspector may refer the proposed Erosion, Sedimentation, and Stormwater
Runoff Control Plan to the Town Engineering Department for comment
and recommendation. No municipal permit that shall be issued for
activities requiring a Drainage Control Permit, nor shall any application
therefor be deemed complete, until the Building Inspector has first issued
its approval of the Erosion, Sedimentation and Stormwater Runoff 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:
I) A vicinity map drawn to a scale of not less than two thousand
(2,000) feet to one (I) inch showing the relationship ofthe site to
its general surroundings.
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Town of Southold - Letter- Boanleeting of January 30, 2007
2) A plan of the site drawn to a scale of not less than one hundred
(I 00) 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 ofthe 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 Erosion, Sedimentation and
Stormwater Runoff Control Plans.
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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 NYS DEe SPDES Program 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,
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Town of Southold - Letter-
Boar~eeting of January 30, 2007
shaH 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 wiH also be included.
k) Natural land features such as shaHow depressions shaH be used, wherever
possible, to coHect stormwater on-site for recharge.
I) Site designs shall minimize impermeable paving.
m) Stormwater runoff shaH not be directly discharged to surface waters,
marshes and wetlands. Stormwater poHutants shaH not be discharged
directly into a wetland, but shaH be attenuated by using holding ponds,
sedimentation basins, perimeter berming, vegetated buffer areas and other
measures that reduce flow velocity and increase storage time. PoHutants
shaH 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) AH wetland vegetation shaH 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 aHowed to enter into or cross
any watercourse or wetland.
0) Subsurface sediments shall be maintained to provide structural support for
the soils of the wetlands.
p) The elevation of a wetland shaH not be altered.
q) No vegetation required by any agency as a buffer to a natural protective
feature shaH be disturbed by grading, erosion, sedimentation, or direct
removal of vegetation.
r) Fill shaH not encroach on natural watercourses, constructed channels,
wetlands, or flood way areas. AH fill shaH 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 shaH 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 shaH 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 shaH 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
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Town of Southold - Letter-
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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 ofless 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. Approved Plans.
Plans approved by the Building Inspector in conjunction with the issuance of a Drainage
Control Permit shall also be filed with the County Clerk indicating that such plans are
binding as against future purchasers, granting the Town permission to enter the property
for compliance enforcement purposes, and containing a summary of the plan's
requirements.
~ 236-15. Variances.
A variance may be granted by the Zoning Board of Appeals of the Town of Southold
upon receipt of an application from a property owner which demonstrates unnecessary
hardship from the imposition of such regulations.
~ 236-16. 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. Ifno agreement is reached, the Building Inspector
may require the submission of a modified plan in order to maintain
compliance with this local law.
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Town of South old - Letter-
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b) Restoration.
Any clearing, excavation or development ofland 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 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 ofthis 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 ofthis 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.
I. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of
this law as a whole or any part thereof other than the part so decided to be unconstitutional or
invalid.
III. EFFECTIVE DATE
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Town of Southold - Letter.
Board.eting of January 30, 2007
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
~.I 6fCi.2;k..-J.I-u
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Daniel C. Ross, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
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