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HomeMy WebLinkAboutAG-01/17/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER FINAL AGENDA Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net SOUTHOLD TOWN BOARD January 17, 2012 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on January 17, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Board of Town Trustees December 2011 Annual 2011 2. Solid Waste District 2011 LSWMP Compliance Report Southold Town Meeting Agenda - January 17, 2012 Page 2 3. Progran~ for the Disabled December 2011 4. Zoning Inspector Report December 2011 5. Special Projects Coordinator Dec. 2011 6. Building Department December/Final 2011 7. Justice Louisa P. Evans December 2011 8. Justice William H. Price, Jr. Decemeber 2011 9. Southold Waste District October 2011 November 2011 December 2011 10. Planning Board December 2011 11. Zoning Board of Appeals December 2011 12. Justice Rudolph H. Bruer December 2011 o II. PUBLIC NOTICES Army Corps of Engineers Permit Application by Marratooka Club, Inc. to construct a wood platform and wood steps for beach access. Great Peconic Bay, Mattituck NYS Liquor License Renewal Skippers, RJ Heaney Inc, 4545 Route 25, Greenport, NY Fishers Island Country Club, Inc., Beach House, Fishers Island, NY Fishers Island Country Club, Inc., Club House, Fishers Island, NY III. COMMUNICATIONS Robert L. Perry Day Care Center Thank you for the Community Block Grant IV. DISCUSSION 1. 9:30 A.M. - Peter Byrne Renewable Developers 2. 10:00 A.M. - Phillip Beltz, Carolyn Fahey Recommendation of Economic Development Committee 3. 10:30 A.M. - Jim McMahon Roller Hockey Rink at Cochran Park 4. 10:45 A.M. - Chief Martin Flatley, Matt Jones FI Expense for 911 service Southold Town Meeting Agenda - January 17, 2012 Page 3 5. EMO on Fishers Island 6. 11:00 A.M. - Jeff Standish Deer Management 7. Commercial Shellfish Permit 8. "Guest House" Special Exception Proposal from Planning Board 9. Vehicle for Supervisor 10. Proposal for Fire Department Memorial, Jean Coehran Park 11. LL/Site Plan Amendments to be set for PH 12. LI/MS 4 to be set for PH 13. LL/Tear Down to be referred to Code Committee 14. LL/Property Maintenance to be set for PH 15. EXECUTIVE SESSION - Litigation Nocro, Ltd. and The Heritage at Cutchogue, LLC v. Town of Southold Christine and Richard A. Rivera v. Town of Southold, et al. Village of Greenport v. Town of Southold 16. EXECUTIVE SESSION- Contracts FI Harbor Patrol 17. EXECUTIVE SESSION - Laura Klahre Matters involving employment of particular person/s V. RESOLUTIONS 2012-67 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 17~ 2012. Vote Record Resolution RES 2012 67 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - January 17, 2012 Page 4 2012-68 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 1/31/12 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ January 3L 2012 at the Southold Town Hall~ Southold~ New York at 4:30 P. M.. Vote Record Resolution RES 2012 68 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-69 CATEGORY: DEPARTMENT: Authorize to Bid Police Dept Authorize and Direct the Town Clerk to Advertise for Bids for Surplus Police Equipment RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the followin~ surplus police equipment: 2006 CHEVR TAHOE-VIN# 1GNEK13Z96R115353 207,300 miles (asset#3385) 1988 CROSS COUNTRY FLAT BED TRAILER- VIN#1C9FS0811J1431115 Contact person is Lt. H. William Sawicki (631) 765-2600. Vehicles are in "as is" condition and may be viewed at Police Headquarters, Peconic, NY. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Southold Town Meeting Agenda - January 17, 2012 Page 5 Vote Record Resolution RES 2012 69 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-70 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: Donation received by &e Police Department to be lOut towards &e Office Equiloment/Chairs budget line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: A. 2705.40 To: Appropriations: A. 3120.2.200.200 Gifts & Donations Office Equipment/Chairs $50 $50 Vote Record Resolution RES 2012 70 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-71 CATEGORY: DEPARTMENT: Budget Modification Planning Board Tree Committee 2011 Budget Modification Southold Town Meeting Agenda - January 17, 2012 Page 6 Fiscal Impact: budget modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town Budget as follows: From: Revenues A. 2705.30 To Appropriations A. 8560.4.400.200 Gifts & Donations Tree Committee Donations Tree Committee, C.E., C.S., Trees & Committee Expense $4,824.00 $4,824.00. Vote Record Resolution RES 2012 71 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-72 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District FIFD Rental Property Rate Mcrease Schedule TO BE TABLED RESOLVED the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated December 20, 2011 approving the rental property rate increase schedule as proposed by Mr. Wyrofsky. Southold Town Meeting Agenda - January 17, 2012 Page 7 Vote Record Resolution RES 2012 72 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-73 CATEGORY: DEPARTMENT: Budget Modification Public Works TO BE TABLED Cochran Park - Roller Hockey Rmk Improvements Fiscal Impact: Re-authorization of Park & Playground funds for work done at the Cochran Park Roller Hockey Rink. This project budget lapsed m 2010 due to issues and concerns about the small bubbles that appeared on the rink surface and the Town Engineer and DPI/V did not want to authorize payment until these concerns were addressed by the contractor, JB Aaphalt Sealcoating. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: Revenues: A. 2025.00 Appropriations: A. 1620.2.500.825 Special Recreation Facilities Park & Playground Cochran Park Roller Hockey Rink Improvements $16,500 $16,500 Vote Record Resolution RES 2012 73 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - January 17, 2012 Page 8 2012-74 CATEGORY: DEPARTMENT: Authorize to Bid Supervisor Advertise for Vehicle for Supervisor RESOLVED: that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for a new 2012 Jeep Grand Cherokee 4x4 ~ or equaL for use by the Supervisor. Vote Record Resolution RES 2012 74 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-75 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Central Garage Vehicle Fiscal Impact: Provide an appropriation for a replacement vehicle (Supervisor's Crown Victoria) RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 budget as follows: From: A. 1990.4.100.100 To: A. 1640.2.300.100 Contingent, Unallocated $28,000 Total $28,000 Central Garage, Automobiles $28,000 Total $28,000 Southold Town Meeting Agenda - January 17, 2012 Page 9 Vote Record Resolution RES 2012 75 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-76 CATEGORY: DEPARTMENT: Employment - Town Accounting Advertise/Post for PT Senior Citizen Aide H RESOLVED that the Town Board of the Town of Southold hereby grants permission to post and advertise for the position of Part Time Senior Citizen Aide for the Human Resource Center at a rate of $15.65 per hour, notto exceed 17.5 hours per week. Vote Record Resolution RES 2012 76 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-77 CATEGORY: DEPARTMENT: Attend Seminar Human Resource Center ?ermission for HRC Employee to A trend Seminar RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Senior Cook, Gary Ostroski for the Southold Town Senior Nutrition Pro,rams to attend a one day seminar on Essential Skills for First -Time Supervisors through Career Track in Hauppau~e, New York, on February 13, 2012. All expenses for registration, travel to be a legal charge to the 2012 Programs for the Aging Budget (seminars and training). Southold Town Meeting Agenda - January 17, 2012 Page 10 Vote Record Resolution RES 2012 77 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-78 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget ~odif ication - Community Development Fiscal Impact: Appropriate recaptured funds for Deconic Community Center RESOLVED that the Town Board of the Town of Southold hereby increases the 2012 Community Development Block Grant budget as follows: Revenues: CD.5990.00 Appropriated Fund Balance $9,983 Total $9,983 Appropriations: CD.8660.C.011.009 YR 37 Peconic Community Center Total $9,983 $9,983 Vote Record Resolution RES 2012 78 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-79 CA TEGORY: Grants DEPARTMENT: Accounting Laurel Lake Grant Extension Southold Town Meeting Agenda - January 17, 2012 Page 11 Fiscal Impact: Authorize Supervisor to execute a grant extension for the NFS Office of Parks, Recreation & Historic Preservation grant for &e Laurel Lake Preservation & Trail Plan, EPF 540328 to June 30, 2012 to incorporate completion of &e agreed upon procedures report (audit) RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute an amendment to the contract between the Town of Southold and the New York State Office of Parks, Recreation and Historic Preservation for the Laurel Lake Preservation & Trail Plan (EPF 540328) that extends the contract through June 30~ 2012, all subject to approval of the Town Attorney. Vote Record Resolution RES 2012 79 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-80 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mod Fiscal Impact: For special development of Waste Works report software to track account payments by material; and support for conversion to invoice billing, both necessary to automate tracking of District's income by Town's revenue codes. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 8160.4.100.800 Maintenance Facilities/Grounds To: SR 8160.4.400.250 Computer Software Support $2,050 $2,050 Southold Town Meeting Agenda - January 17, 2012 Page 12 Vote Record Resolution RES 2012 80 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-81 CATEGORY: DEPARTMENT: Employment - Town Accounting Acknowledges &e Retirement of George Peabody Jr. TO BE TABLED RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of George E. Peabody Jr. from the position of Pumpout Boat Operator for the Trustees effective January 24, 2012. Vote Record Resolution RES 2012 81 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-82 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2011 Budget Modification - Highway Fiscal Impact: The reason for &is budget modification is due to &e fact that the above line item needs to be funded for protective inoculations received by 11 highway employees. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Highway Fund Part Town budget as follows: To: Southold Town Meeting Agenda - January 17, 2012 Page 13 DB.5140.4.600.500 From: DB.5142.4.100.935 Brash & Weeds/Miscellaneous Contractual Expense Miscellaneous Inoculations Snow Removal Contractual Expense Supplies & Materials Rock Salt TOTAL: TOTAL: $1,680.00 $1,680.00 $1,680.00 $1,680.00 Vote Record Resolution RES 2012 82 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-83 CATEGORY: DEPARTMENT: Affordable Housing Town Attorney Approves the Sale of the Affordable Housing Unit Located at 360 Cottage Way, Mattituck, by Christopher and Kelley Yousik to Crystal Bolling RESOLVED that the Town Board of the Town of Southold, in accordance with the provisions of Section 280-30(A)(2) of the Town Code and applicable Covenants and Restrictions, hereby approves the sale of the affordable housin~ unit located at 360 Cottage Way~ Mattituclh by Christopher and Kelley Yousik to Crystal Bollin~, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 83 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - January 17, 2012 Page 14 2012-84 CATEGORY: DEPARTMENT: Employment - Town Accounting Accepts Retirement of Nina d. Sc hmid WHEREAS, the Town of Southold has received email notification on January 13, 2012 from the NYS Retirement System concerning the retirement ofNina J. Schmid effective January 20, 2012 and has forwarded the same via email on January 13, 2012 to the Fishers Island Ferry District, and WHEREAS, the Town Board of the Town of Southold is required to approve the retirement of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby aclmowled~es the retirement of Nina J. Schmid from the position of Assistant Manager of the Fishers Island Ferry District effective January 20, 2012. Vote Record Resolution RES 2012 84 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-85 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Authorize and Direct the Town Clerk to Advertise for Bi&for Sale of Used Fehicle RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the followin~ used vehicle: 2003 Ford Crown Victoria, VIN #2FAFP74WX3X116489, Asset #2794 Contact department is Supervisor's office (631) 765-1889. Vehicle is to be sold in "as is" condition and may be viewed at Lou's Service Station, Mattituck, NY. Southold Town Meeting Agenda - January 17, 2012 Page 15 Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Vote Record Resolution RES 2012 85 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-86 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA OldMifl Road Parcel RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed sale of SCTM #1000-106-6-2 located on Mill Road in the Hamlet of Mattituck is classified as an Unlisted Action pursuant to S EQRA 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 and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record Resolution RES 2012 86 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-87 CATEGORY: DEPARTMENT: Public Service Town Attomey Southold Town Meeting Agenda - January 17, 2012 Page 16 ~lmend Resolution #2011- 694/01d Mill Road Parcel, Mattituck RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2011-694 adopted October 1L 2011 to read as follows: WHEREAS, the Town of Southold is the owner in fee of certain real property described as follows: Suffolk County Tax Map No. 1000-106-6-2, N/E Mill Road, Mattituck; and WHEREAS, such property was formerly used by the Town for municipal purposes and is presently not being utilized by the Town for any purpose; and WHEREAS, the Town has found that said property is not needed for any municipal purpose or use; and WHEREAS, it is in the public interest that said parcel be put to its highest and best use; and WHEREAS, the Town desires to fulfill this goal by offering the premises for sale to the public by sealed bids to the highest bidder; and WHEREAS, the said premises will be offered for sale subject to certain deed restrictions that presently apply to the property. NOW, THEREFORE, BE IT RESOLVED that said premises is hereby declared to be "surplus"; and be it further RESOLVED that said premises may therefore be offered for public sale; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all the necessary notices and papers declarin~ said premises as surplus property; and be it further RESOLVED that pursuant to the provisions of ~64(2) of the Town Law, this conveyance is subiect to permissive referendum under the procedure set forth in Article 7 of the Town Law of the State of New York; and be it further RESOLVED that within ten (10) days after the adoption of this resolution by the Town Board, the Town Clerk, in the same manner as for a notice of a special election, shall post and publish a notice setting forth the date of the adoption of this resolution and contain an abstract of this resolution concisely stating its purpose and effect. The notice shall specify that such resolution was adopted subiect to permissive referendum; and be it further Southold Town Meeting Agenda - January 17, 2012 Page 17 RESOLVED that in the event that no petition seekin~ a permissive referendum is filed with the Town Clerk within thirty (30) days in accordance with the provisions of Article 7 of the Town Law, this resolution shall be in full force and effect and the Supervisor is authorized to execute any and all documents to effectuate the sale thereof and the conveyance shall be thereafter recorded in the Office of the Clerk of the County of Suffolk and shall be binding on the parties thereto. Vote Record Resolution RES 2012 87 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-88 CATEGORY: DEPARTMENT: Policies Town Attorney Adopts the Town of Southold Pesticides and Fertilizers Policy, Effective Immediately RESOLVED that the Town Board of the Town of Southold hereby adopts the Town of Southold Pesticides and Fertilizers Polic¥~ effective immediately. Vote Record Resolution RES 2012 88 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-89 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact a Local Law in Relation to Amendments to Chapter 219, Shellfish and Other Marme Resources Southold Town Meeting Agenda - January 17, 2012 Page 18 WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6m day of December, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources" and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 3rd day of Jannary, 2012 at 4:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 1 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the purpose and intent of these amendments to provide for the proper use and regulation of shellfish and underwater lands and to protect the natural resources of the Town, thereby promoting the general health, safety and welfare of the residents of the Town of Southold and the public at large. II. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: §219-4 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels and other marine biota. SHELLFISH - Clams, scallops, oysters, ~.uc ~.a'cv' ~ra~:, and mussels. ~:,~,:~iT! ....... l~c~ Southold Town Meeting Agenda - January 17, 2012 Page 19 §219-9 Clams. C. Churning by power may not be employed in the taking of clams tide linc in Town waters. §219-12 Mussels. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one da any one person. Two ........ §219-16 Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and notices posted by said Board of Trustees. §219-23 Coordination and enforcement. The Dire:tot Office of Code Enforcement and¢~ the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter, and have the authority to issue violations of the provisions 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. Southold Town Meeting Agenda - January 17, 2012 Page 20 Vote Record Resolution RES 2012 89 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-90 CATEGORY: DEPARTMENT: Attend Seminar Building Department Training - Michael Ferity RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Chief Buildin~ Inspector Michael J. Verity to attend the 17th Annual Northern Adirondack Continuin~ Education Conference in Lake Placid, New York, March 5 - 8, 2012. All expenses for registration and travel to be a legal charge to the 2012 Building Department budget (meetings and seminars). Vote Record Resolution RES 2012 90 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-91 CATEGORY: DEPARTMENT: ]'raining Attend Seminar Building Department RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Chief Buildin~ Inspector Michael Verity to attend a certification class on Residential Energy in Lindenhurst, New York, on January 20, 2012. All expenses for registration and travel to be a legal charge to the 2012 Building Department budget (meetings and seminars). Southold Town Meeting Agenda - January 17, 2012 Page 21 Vote Record Resolution RES 2012 91 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withdrawn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-92 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk ~1 uthorize Sabrma Born of the Tax Receiver's Office to ~1 trend the 2012 ~1 nnual ~lssociation of Towns Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes Sabrina Born of the Tax Receiver's Office to attend the 2012 Annual Association of Towns meeting in New York City; registration fee of $100 shall be a legal charge to the 2012 budget; there shall be no costs to the town for lodging, meals or travel. Vote Record Resolution RES 2012 92 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withdrawn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-93 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Department Fiscal Impact: To fix underfunded budget lines from 2011 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: Southold Town Meeting Agenda - January 17, 2012 Page 22 From: 3,.3120.1.100.100 To: A. 3020.1.100.200 A. 3020.4.100.600 A. 3120.1.300.100 A. 3120.2.500.850 A. 3120.4.100.200 A. 3130.1.100.200 Police, P.S. Full Time Employees, Regular Earnings $32,179 Total $32,179 Public Safety Communications Full Time Employees, Overtime Earnings $3,898 Public Safety Communications Uniforms & Accessories $82 Police, P.S. Seasonal/Temp Employees, Reg. Earnings $5,570 Police, Equipment Traffic Cones/Barricades $1 Police, C.E. Gasoline & Oil $20,603 Bay Constable, P.S. Full Time Employees, Overtime Earnings $2,025 Total $32,179 Vote Record Resolution RES 2012 93 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-94 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Regina Blasko to Secretarial Assistant RESOLVED that the Town Board of the Town of Southold hereby appoints Re~ina M. Blasko to the position of a Secretarial Assistant for the Police Department effective January 19, 2012, at a rate of $47,063.11 per annum. Southold Town Meeting Agenda - January 17, 2012 Page 23 Vote Record Resolution RES 2012 94 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-95 CA TEGORY: Policies DEPARTMENT: Town Clerk Reaffirming Policy on Association of Towns Attendance RESOLVED that the Town Board of the Town of Southold hereby reaffirms the Attendance at Association of Towns Meetin~ Policy~ Resolution No. 2010-113~ dated January 19~ 2010~ that reads as follows: RESOLVED that the Town Board of the Town of Southold adopts the "Attendance at Association of Towns Meeting Policy" set forth below, which dictates policy and procedures relating to Attendance at Association of Towns Meeting. TOWN OF SOUTHOLD POLICY ON ATTENDANCE AT ASSOCIATION OF TOWNS MEETING There will be NO compensatory time given for attendance at the Association of Towns Meeting, including the Presidents Day holiday. Wherever possible training should be taken advantage of when offered by Suffolk County at FREE classes rather than attending the Association of Towns Training School. Wherever possible, attendance should be made on a day trip basis. There will be a two night maximum for hotel accommodations, unless an attendee is participating in a Wednesday class or event. There will be no reimbursement for meals, except for lunch, for attendees not staying overnight ($10 allowance). The following representations shall be approved to attend the Association of Towns Meeting: Supervisor's Office 2 Town Board Members Southold Town Meeting Agenda - January 17, 2012 Page 24 Town Clerk 3 Town Attorneys Town Justice and 2 Justice Court Clerks Building Department Head, 2 Building Inspectors, Code Enforcement Officer, & Building Permits Examiner Assessors and 1 Assessment Assistant Town Engineer Highway Superintendent Receiver of Taxes 1 Planning Board and 1 Planning Staff 1 ZBA Member and 1 ZBA Staff This Policy is to be used as a guideline and may be appealed by anyone requiring other arrangements. Vote Record Resolution RES 2012 95 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-96 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Accounting Execute the Engagement Letter with George R. Rehn, CPA, Regarding Performing an Audit of the Peconic Bay Community Preservation Fund RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the engagement letter with George R. Rehn~ CPA re~ardin~ performin~ an audit of the Peconic Bay Community Preservation Fund for the year ended December 3L 2011, at a cost not to exceed $7,000.00, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - January 17, 2012 Page 25 Vote Record Resolution RES 2012 96 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-97 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Accepts Resignation of Leslie Tombari WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their January 10, 2012 to accept the resignation of the following personnel, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation effective February L 2012 of Leslie Tombari~ part-time clerk for the Fishers Island Ferry District. Vote Record Resolution RES 2012 97 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-98 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Change Status Silva-Hire Melissa Cochrane WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a Southold Town Meeting Agenda - January 17, 2012 Page 26 resolution at their January 10, 2012 to accept the resignation of the following personnel, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby changes the status of Debra Silva from permanent, part-time clerk to part-time call in clerk effective November 30, 2011, and hires Melissa R. Cochrane as a permanent, part-time clerk, retroactive to December 21,2011. Vote Record Resolution RES 2012 98 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-99 CATEGORY: DEPARTMENT: Budget Modification Information Technology 2012 Budget Modification - IT Depart Fiscal Impact: The funds are required to purchase a document manage application which enables data to be configured onto reports which will then be used as a communication tool for the public. This will save time and make reporting to the public much easier. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund~ ~Vhole Town budget as follows: From: A. 1990.4.100.100 Contingent, C.E., Unallocated Contingencies $6,090.00 To: A. 1680.2.400.520 Personal Computer Software $6,090.00 Southold Town Meeting Agenda - January 17, 2012 Page 27 Vote Record Resolution RES 2012 99 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-100 CATEGORY: DEPARTMENT: Public Service Town Attorney Authorizes Supervisor Scott A. Russell to Retain John C. Ehlers, L.S. to Prepare a Survey of the Inlet Drive Road End, Adjacent to SCTM#1000-99-1-16.1 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain John C. Ehlers~ L.S. to prepare a survey of the Inlet Drive road end~ adjacent to SCTM #1000-99-1-16.L in accordance with their Estimate dated January 13, 2012, at a cost not to exceed $900.00, subject to the approval of the Town Attorney. v'VoteRecord ResolufionRES 2012 100 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-101 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney LL/MS4 Set PH 1/31/12 @ 4:32 PM WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management". Southold Town Meeting Agenda - January 17, 2012 Page 28 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 the 31st day of Jannary, 2012 at 4:32 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 Amendments to Chapter 236~ Stormwater Management" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: ARTICLE I GENERAL PROVISIONS § 236-1. Title. This chapter shall be known as the Stormwater ........ ~ ............~ .............. Management; Erosion & Sediment Control; and Illicit Discharges Law." § 236-2. Statutory authorization/and conflicts with other laws. A. Statutory Authorization This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law- to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. T~..~ ....., ~.~-~: ......... v.v ,.o.v-o:'~: ..... ~c B. Conflict with Other Laws. In their interpretation and application, the provisions of this chapter shall be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of the New York State Department of Environmental Conservation SPDES General Permits for Construction Activities (GP-0-10-001) and for Stormwater Discharges from MS4s (GP-02-02), as amended or revised, and the corresponding regulations, the most restrictive or that imposing the highest standards shall govern. § 236-3. Findings of fact. It is hereby determined that: Southold Town Meeting Agenda - January 17, 2012 Page 29 Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; Stormwater runoff' contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species and may adversely affect aquatic organisms through changes in temperature and salinity; Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank, shoreline and bluff erosion and sedimentation~ Impervious surf:aces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow; Substantial economic losses can result from these adverse impacts on the waters of the Town~ Stormwater runoff~ soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities~ The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel, shoreline and bluff erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; and Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. Illicit discharges threaten water quality through the introduction of toxic and hazardous substances. § 236-3 4. Purpose. It is the purpose of this chapter to promote and protect, to the ~catc:t maximum extent practicable, the public health, safety and general welfare by: (i) establishing minimum stormwater management requirements and controls; (ii) regulating non-stormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law; and (iii) establishing methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for MS4. The obiectives of this chapter are as follows: Minimizing soil erosion, sedimentation and stormwater runoff'; Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including, but not limited to, Southold Town Meeting Agenda - January 17, 2012 Page 30 wetlands, bluff~, dunes, beaches, natural protective features, which contribute to the accommodation of floodwaters and retention of sediment; 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; Assuring that land and water uses in the Town are designed and/or conducted using best- management practices to control flooding, stormwater runoff' and minimize stormwater runoff from dischargin~ onto public lands, neighboring properties or natural protective features; Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply and minimize saltwater intrusion. Meet the requirements of minimum control measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit no. GP-02-02 or as amended or revised; Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation SPDES General Permits for Construction Activities (GP-0-10-001) and for Stormwater Discharges from MS4s (GP- 0-10-002) or as amended or revised; Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, temperature fluctuations of surfhce waters of the State of New York, and streambank erosion and maintain the integrity of stream channels; Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge non-stormwater wastes; To prohibit Illicit Connections, Activities and Discharges to the MS4; To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessar~ to ensure compliance with this Chapter; and To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4. § 236-4 _5. Del'tuitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the Southold Town Meeting Agenda - January 17, 2012 Page 31 English Language, unabridged (or latest edition). 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. AGRICULTURAL PRODUCTION The production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes. ALTER HYDROLOGY FROM PRE TO POST-DEVELOPMENT CONDITIONS The post- development peak flow rate(s) has increased by more than 5% of the pre-developed condition for the design storm of interest (e.g., 10 yr. and 100 yr.). APPLICANT The person, persons or legal entity which owns or leases the property on which the construction activity is occurring; and/or an entity that has operational control over the construction plans and specifications, including the ability to make modifications to the plans and specifications. BEST-MANAGEMENT PRACTICES (BMPs) Schedule of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff~ spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BUILDING A structure wholly or pa~ially enclosed within e~erior walls, or within e~erior and pa~y walls, and a rook affording shelter to persons, animals or property. BUILDING INSPECTOR -- The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. CH~NEL A natural or a~ificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. CLEAN FILL Naturally deposited earthen material from an approved upland borrow source. CLEAN WATER ACT The Federal Water Pollution Control Act (33 U.S.C. ,~1251 et seq.), and any subsequent amendments thereto. CLEARING Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, ringbarking, uprooting, ~cubbing or burning vegetation, severing, topping or lopping branches, limbs, stems or trunks or substantially damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of vegetation. This definition also includes removal of dead and dying vegetation. Southold Town Meeting Agenda - January 17, 2012 Page 32 COMBINED SEWER A sewer that is designed to collect and convey both "sewage" and "stormwater". COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES The initial disturbance of soils associated with clearing, grading or excavation activities; or other construction related activities that disturb or expose soils such as demolition, stockpiling of fill material, and the initial installation of erosion and sediment control practices required in the SWPPP. 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 surf:aces at or below grade. CONSTRUCTION ACTIVITY (1) Activities involving land disturbance of 5,000 sq. ft. or more including disturbances of less than 5,000 sq. ft. that are part of a larger common plan of development that will ultimately disturb 5,000 or more sq. ft. of land; excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose ofa fhcility; and/or (2) activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-0-10-001, as amended or revised. These SPDES permit activities include construction proiects resulting in land disturbance of one or more acres unless determined otherwise by the Department or Town of Southold. All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. DEDICATION The deliberate appropriation of property by its owner for general public use. DEPARTMENT The New York State Department of Environmental Conservation. DESIGN MANUAL The New York State Stormwater Management Design Manual, most recent version including application updates, that serves as the official guide for stormwater management principles, methods and practices. DESIGN PROFESSIONAL New York State licensed professional engineer or licensed architect. DEVELOPER A person who undertakes land development activities. DEVELOPMENT Any man-made change to improved or unimproved real property, including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and other services, and creating 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. DIRECT DISCHARGE (TO A SPECIFIC SURFACE WATERBODY) That runoff flows from a construction site by overland flow and the first point of discharge is the specific surf:ace waterbody, or runoff'flows from a construction site to a separate storm sewer system and the first point of discharge from the separate storm sewer system is the specific surf:ace waterbody. 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. Southold Town Meeting Agenda - January 17, 2012 Page 33 EROSION The wearing away of land as a result of the action of natural forces or man-related activities. EROSION CONTROL MANUAL The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book". EROSION, SEDIMENTATION AND 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 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 surf:ace or subsurface conditions of upland or underwater land. FINAL STABILIZATION That all soil disturbance activities have ceased and a uniform: perennial vegetative cover with a density of eighty (80) percent over the entire pervious surf:ace has been established; or other equivalent stabilization measures, such as permanent landscape mulches, rock rip-rap or washed/crushed stone have been applied on all disturbed areas that are not covered by permanent structures, concrete or pavement. GRADING The excavation, filling or alteration of the surf:ace or subsurface conditions of land, lakes, ponds, or watercourses. HAZARDOUS MATERIALS Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, disposed of, or otherwise managed. ILLICIT CONNECTIONS Any drain or conveyance, whether on the surf:ace or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to: 1. Any conveyances which allow any non-stormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connection to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or 2. Any drain or conveyance connected to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. ILLICIT DISCHARGES Include but are not limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot-tub water; domestic or sanitary sewage; roof structure runoff} animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. Illicit Southold Town Meeting Agenda - January 17, 2012 Page 34 discharges include any direct or indirect discharge to the MS4, except as exempted in §236-24A (Discharge Prohibitions) and/or as permitted by the Town. IMPERVIOUS SURFACE Any surf:ace 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 surf:aces, roof structures, patios, decking, stoops, porches, and accessory structures. INDIVIDUAL SEWAGE TREATMENT SYSTEM A facility serving one or more parcels of land or residential households, or a private commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law. INDUSTRIAL ACTIVITY Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised. INDUSTRIAL STORMWATER PERMIT A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. INFILTRATION The process of percolating stormwater into the subsoil. JURISDICTIONAL WETLAND An area that is inundated or saturated by surf:ace water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. LAND DEVELOPMENT ACTIVITY Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 5,000 sq. ft. unless determined otherwise by the Department or the Town of Southold, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. LANDOWNER The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. LARGER COMMON PLAN OF DEVELOPMENT OR SALE A contiguous area where multiple separate and distinct construction activities are occurring, or will occur, under one plan. The term "plan" in "larger common plan of development or sale" is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, marketing plan, advertisement, drawing, permit application, State Environmental Quality Review Act (SEQRA) application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating that construction activities may occur on a specific plot. 303(d) LIST A list of all surf:ace waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, bays, creeks, lakes and streams that fall short of state surf:ace water quality standards and are not expected to improve within the next two years. MAINTENANCE AGREEMENT A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. Southold Town Meeting Agenda - January 17, 2012 Page 35 MUNICIPAL PERMIT Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold, including but not limited to permits for building, grading, demolition, clearing and excavation and subdivision and site plan approvals. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, culverts, sumps, dikes, dams, man-made channels, boat ramps or storm drains and other MS4 Control Systems): 1. Owned or operated by the Town of Southold, State, County or Village; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2 NATURAL DRAINAGE The stormwater runoff patterns resulting from topographical and geological surfhce conditions, prior to clearing, regrading or construction. NATURAL PROTECTIVE FEATURE A nearshore area, beach, bluff; dune or wetland and the vegetation thereon. NATURAL WATERCOURSE The route formed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED An area of land which, in its natural state and prior to any man- made change, and due to its topography and geology, drains to a particular location within that area. NONPOINT SOURCE POLLUTION Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal, residential, commercial and urban runoff sources. NON-STORMWATER DISCHARGE Any discharge to the MS4 that is not composed entirely of stormwater. ONE-HUNDRED-YEAR FLOODPLAIN The land area subject to the highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. PERVIOUS SURFACE A pervious surfhce is one that has the ability to be readily penetrated by stormwater or other runoft~ Pervious pavement mixtures contain little or no fine particles creating a substantial void content while still maintaining its structure integrity. Aggregate materials typically consist of #1 or #2 rounded "rock like" fragments using sufficient approved cementitious materials, paste or bonding agents to permanently fasten aggregate particles together to create a system of highly permeable, interconnected voids that freely drain. Typically, between 15% and 25% of interconnected voids are required for consideration as a pervious pavement. The flow rate of water through pervious surfhces is typically around five (5) gallons per square foot/per minute or higher. PHASING Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. POLLUTANT Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, Southold Town Meeting Agenda - January 17, 2012 Page 36 municipal, agricultural waste and ballast discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards. POLLUTANT OF CONCERN Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body, such as pathogens, phosphorous, heavy metals or dissolved oxygen that will receive a discharge from the land development activity. PREMISES Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. PROJECT Land development activity. QUALIFIED INSPECTOR A person that is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed Professional Engineer, Certified Professional in Erosion and Sediment Control (CPESC), Registered Landscape Architect, or other Department endorsed individual(s). QUALIFIED PROFESSIONAL A person that is knowledgeable in the principles and practices of stormwater management and treatment, such as a licensed Professional Engineer, Registered Landscape Architect or other Department endorsed individual(s). Individuals preparing SWPPPs that require the post-construction stormwater management practice component must have an understanding of the principles of hydrology, water quality management practice design, water quantity control design, and, in many cases, the principles of hydraulics in order to prepare a SWPPP that conforms to the Department's technical standard. All components of the SWPPP that involve the practice of engineering, as defined by the New York State Education Law (see Article 145), shall be prepared by, or under the direct supervision of, a Professional Engineer licensed to practice in the State of New York. RECHARGE The replenishment of underground water reserves. RESPONSIBLE PARTY Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this chapter. SEDIMENTATION The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surf:aces or in water channels. SEDIMENT CONTROL Measures that prevent eroded sediment from leaving the site. SENSITIVE AREAS Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species. SITE PREPARATION The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-0-10-001 A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-0-10-002 A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with United States Southold Town Meeting Agenda - January 17, 2012 Page 37 Environmental Protection Agency (EPA) established water quality standards and/or to specify stormwater control standards. SPECIAL CONDITIONS 1. Discharge Compliance with Water Quality Standards. The condition that applies where The Town of Southold has been notified that the discharge of stormwater authorized under their MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the Town must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards. 2. 303(d) Listed Waters. The condition in the Town's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water. 3. Total Maximum Daily Load (TMDL) Strategy. The condition in the Town's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a waterbody or watershed into which the MS4 discharges. 4. The condition in the Town's MS4 permit that applies ifa TMDL is approved in the future by EPA for any waterbody or watershed into which an MS4 discharges. Under this condition the Town must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the Town must, within six (6) months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. STABILIZATION The use of practices that prevent exposed soil from eroding. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) The system established pursuant to Article 17 of the ECL and 6 NYCRR Part 750 for issuance of permits authorizing discharges to the waters of the State. STOP WORK ORDER An order issued which requires that all construction activity on a site be stopped. STORMWATER Rainwater, surf:ace runoff~ snowmelt and drainage. STORMWATER HOTSPOT A land use or activity that generates higher concentrations of pollutants of concern or toxicants than are found in typical stormwater runoff~ based on monitoring studies. STORMWATER MANAGEMENT The use of structural or non-structural practices that are designed to reduce stormwater runoff'and mitigate its adverse impacts on property, natural resources and the environment. STORMWATER MANAGEMENT CONTROL PLAN The plan required by the Town to comply with the provisions ofthis Chapter. For the purposes of this Chapter, a Stormwater Pollution Prevention Plan, when required by the Department's regulations, will qualify as a Stormwater Management Control Plan. STORMWATER MANAGEMENT FACILITY One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff~ STORMWATER MANAGEMENT OFFICER (SMO) An employee or officer designated by the Town to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices Southold Town Meeting Agenda - January 17, 2012 Page 38 STORMWATER MANAGEMENT PRACTICES (SMPs) Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff' and water bodies. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) A plan for controlling stormwater runoff' and pollutants from a site during and after construction activities. STORMWATER RUNOFF That part of stormwater that flows over the land surface. STRIPPING The process of mechanically scraping away topsoil. STRUCTURE Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. SURFACE WATERS OF THE STATE OF NEW YORK Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surfhce water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a iunction with natural surf:ace or underground waters), which are wholly or partially within or bordering the State or within its iurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the State. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the State (such as a disposal area in wetlands) nor resulted from impoundment of waters of the State. Waters of the State are further defined in 6 NYCRR Parts 800-941. TEMPORARY STABLIIZATION That exposed soil has been covered with material(s) as set forth in the technical standard, New York Standards and Specifications for Erosion and Sediment Control, to prevent the exposed soil from eroding. The materials can include, but are not limited to, mulch, seed and mulch, and erosion control mats (e.g., jute twisted yarn, excelsior wood fiber mats). TOPSOIL The uppermost layer of soil, usually the top 15 to 20 centimeters, it having the highest concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity occurs. TOTAL MAXIMUM DAILY LOAD (TMDL) A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. It is a calculation of the maximum amount of a pollutant that a waterbody can receive on a daily basis and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL stipulates wasteload allocations (WLAs) for point source discharges, load allocations (Las) for nonpoint sources, and a margin of safety (MOS). TRAINED CONTRACTOR An employee from the contracting (construction) company that has received four (4) hours of Department endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other Department endorsed entity. After receiving the initial training, the trained contractor shall receive dour (4) hours of training every three (3) years. WASTEWATER Water that is not stormwater, is contaminated with pollutants and is or will be discarded. WATER QUALITY STANDARD Such measures of purity or quality for any waters in relation to their reasonable and necessary use as promulgated in 6 NYCRR Part 700 et seq. Southold Town Meeting Agenda - January 17, 2012 Page 39 WATERCOURSE A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surf:ace water. WATERWAY A channel that directs surf:ace runoff to a watercourse or to the public storm § 236-~ 6. Applicability and prohibitions. This chapter shall apply to all property within the Town of Southold and shall govern: A. Applicability 1. All grading, drainage and erosion control, whether or not a permit is required; 2. All new or replaced impervious surf:ace and all land ~is?~:r~ing development activities, whether or not a permit is required; 3. All discharges directly or indirectly to a highway or public right-of-way, public drainage control system, neighboring property, wetland or public waterway; and 4.All new and existing land uses within the Town. 5.All water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. B. General Prohibitions The following items are not authorized under this Chapter: 1. Discharges after land development activities have been completed and the site has undergone final stabilization. 2. Discharges that are mixed with sources of nonstormwater other than those authorized in §236-24(1) of this chapter and identified in a SWPPP required by this chapter. 3. Discharges that are required to obtain an individual SPDES Permit or another SPDES General Permit by the Department. 4. Discharges from land development activities that adversely affect a listed, or proposed to be listed, endangered or threatened species, or its critical habitat. 5. Discharges which either cause or contribute to a violation of water quality standards adopted pursuant to the State Environmental Conservation Law and its accompanying regulations. 6. Land Development activities for residential, commercial and institutional proiects that disturb one or more acres of land with no existing impervious cover and where the Soil Slope Phase is identified as an E or F onthe USDA Soil Survey for Suffolk County. 7. Land development activities for linear transportation proiects and linear utility proiects that disturb two or more acres of land with no existing impervious cover and where the Soil Slope Phase is identified as an E or F on the USDA Soil Survey for Suffolk County. 8. Land development activities that adversely affect a property that is listed or is eligible for listing on the State or National Register of Historic Places, unless there are written agreements in place with the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) or other governmental agencies to mitigate the effects, or there are local land use approvals evidencing the same. Southold Town Meeting Agenda - January 17, 2012 Page 40 §236-7. Peformance and design criteria for stormwater management and erosion and sedhnent control. All land development activities shall be subiect to the following performance and design criteria: A. All land-disturbing activities or the addition or replacement of impervious surfaces shall provide temporary and permit construction controls and shall be required to contain a two-inch rainfall on site, even where approval of the Stormwater Management Officer is not required under this Chapter. B. Technical Standards: For the purpose of this Chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater Management Practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed herein: 1. The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual). New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereinafter referred to as the Erosion Control Manual Equivalence to Technical Standards: Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in §236-7 (A) and the SWPPP shall be prepared by a design professional. Water Quality Standards: An,/land development activit,/shall not cause or contribute to a violation of water qualit,/standards as contained in Parts 700 through 705 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, such as: 1. There shall be no increase in turbidity that will result in substantial visible contrast to natural conditions in surfhce waters of the state of New York; There shall be no increase in suspended, colloidal or settleable solids that will cause deposition or impair the waters for their best usages; and There shall be no residue from oil and floating substances, nor visible oil film nor globules of grease. § 236-6 8. Stormwater Management Officer and authority. The designated Stormwater Management Officers are the Building Inspector, Plans Reviewer, Code Enforcement Officials, Zoning Inspector, Town Engineer and Engineering Inspector. The Stormwater Management Officers shall have the following authorit,/: To accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. Southold Town Meeting Agenda - January 17, 2012 Page 41 Upon approval of the Town Board, engage the services of a registered professional engineer to review plans, specifications and related documents and for such costs to be paid by the applicant. Accept the certification of a licensed professional that the plans conform to the requirements of this Law. § 236-9 Maintenance, inspection and repair of stormwater facilities. Maintenance and Inspection During Construction. 1. The applicant or developer of any land development activity proposed under this chapter, as set forth in Articles II and/or III, or their representative shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant to achieve compliance with the requirements of this Chapter. Sediment shall be removed from any sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50%) percent. 2. For land development activities as defined in Article III, §236-19, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven (7) days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book. 3. For land development activities regulated under Articles II and/or III, the applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Maintenance Easements. Prior to the issuance of any approval for those activities regulated under Article III that has a stormwater management fhcility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be bindin~ on all subsequent landowners served by the stormwater management fhcility. The easement shall provide for access to the fhcility at reasonable times for periodic inspection by the Town of Southold to ensure that the fhcility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the applicant or developer in the office of the County Clerk after approval by the Town Attorney. Inspection After Construction. Inspection for Stormwater Management Control Plan compliance shall be conducted by the Stormwater Management Officer for those activities regulated under Articles II and/or III 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 Stormwater Management Officer 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 Stormwater Management Officer may require the submission of a modified plan in order to maintain compliance with this chapter. Southold Town Meeting Agenda - January 17, 2012 Page 42 Maintenance after Construction. The owner or operator of permanent stormwater management practices installed in accordance with Article III of this Chapter shall ensure they are operated and maintained to achieve the goals of this Chapter. Proper operation and maintenance also includes at a minimum, the following: 1. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter. 2. Written procedures for operation and maintenance and training new maintenance personnel. 3. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Article I of this Chapter, §236-7(D) Water Quality Standards. Restoration. For land development activities regulated under Articles II and/or III, any clearing, excavation or development of land in violation of this chapter shall be corrected forthwith after written notice by the Stormwater Management Officer. 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. Maintenance Agreements. For land development activities regulated under Article III, the Town of Southold shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. § 236-10. Exemptions. The followin~ activities shall be exempt from review under this law unless the Department or Town SMO has determined that the activity is a substantial contributor of pollutants to a particular MS4 covered under the SPDES General Permit; the Department or Town SMO requires such activities in a particular watershed; and the activity is designated within the SWMPP as draining into the MS4 and subsequently discharges into the surface waters of the State directly or through other MS4s: A. Agricultural production as defined in this Chapter. However, this exemption does not extend to the operation of a dude ranch or similar operation or to the construction of new structures associated with agricultural production. Routine maintenance activities that disturb less than 5,000 sq. ft. and are performed to maintain the original line and grade, hydraulic capacity or original purpose ofa fhcility. Repairs to any stormwater management practice or fhcility deemed necessary by the Stormwater Management Officer. Any part of a subdivision road and drainage plan if a plat for the subdivision has been approved by the Town of Southold Planning Board and constructed on or before the effective date of this Chapter. Land development activities for which an unexpired building permit has been approved on or before the effective date of Chapter 236. Southold Town Meeting Agenda - January 17, 2012 Page 43 Individual cemetery grave sites in a developed or pre-existing cemetery. Installation offence, sign, telephone, and electric poles and other kinds of posts or poles. Emergency activity immediately necessary to protect life, property or natural resources. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family. Landscaping and horticultural activities in connection with an existing structure, with a disturbance of less than 5,000 sq. ft. of land. 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. Emergency repairs on public or private obiects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this chapter 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 chapter shall be obtained. 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 surf:aces. Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge of groundwater. § 236-t4 1_[. Approved plans. Plans approved by the Building Inspector in conjunction with the issuance ofa ~": ....... ,~^1 ~ ......................................... : .................. ~ .......... ang u n~perm w an approved Stormwater Management Control Plan are binding as against ~ture purchasers, ganting the Town permission to enter the property for compliance enforcement pu~oses, and containing a summa~ of the plan's requirements. When necessary, the Town may also require the filing of Covenants & Restrictions to be filed with the County Clerk as a condition of approval. § 236-12. Amendments and modifications to Stormwater Management Control Plan. An application for an amendment to a previously approved Stormwater Management Control Plan shall include the previously approved Plan, together with all amendments noted therein. The SMO shall determine compliance with this Chapter as of the date of submission thereo£ Upon its review of an application for amendment(s) to a previously approved Stormwater Management Control Plan, the SMO must make a finding that all standards are satisfied and may impose such reasonable conditions as it deems appropriate or any reasonable modification to the plan as the SMOfficer deems appropriate in connection with its approval of the proposed Amendment. Southold Town Meeting Agenda - January 17, 2012 Page 44 The applicant must keep the SWPPP current so that it at all times accurately documents the erosion and sediment control practices that are being used or will be used during construction, and all post-construction stormwater management practices that will be constructed on the site. At a minimum, the applicant shall amend the SWPPP (1) whenever the current provisions prove to be ineffective in minimizing pollutants in stormwater discharges from the site, (2) whenever there is a change in design, construction or operation at the construction site that has or could have an effect on the discharge of pollutants, and (3)to address issues or deficiencies identified during an inspection b,/the Qualified Inspector, the Department, the Town, or other regulator,/ authorit,/. The Department or SMa ma,/notif,/an applicant at an,/time that the SWPPP does not meet one or more of the minimum requirements of this chapter or the General Permit. The notification shall be in writing and identif,/the provisions of the SWPPP that require modification. Within fourteen (14) calendar da,/s of such notification, or as otherwise indicated b,/the SMa, the applicant shall make the required changes to the SWPPP and submit written notification to the Town that the changes have been made. If the applicant does not respond to the Department's or Town's comments in the specified time frame, the Town ma,/revoke the SMa approval. ARTICLE II REQUIREMENTS FOR ALL STORMWATER DISCHARGES § 236-8 13. 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: Installation of drainage control structures to contain and recharge all runoff' generated by development. Maintaining private roads, streets, driveways, parking lots and walkways. Identifying and eliminating unauthorized connections to Town drainage control systems and public rights-of-way. Maintaining and protecting natural drainage patterns. Maintaining and protecting natural watersheds. Identif,/ing and eliminating stormwater that is generated b,/the proposed development from discharging to adiacent properties. § 236-9 14. Requirements for all land-disturbing activities or impervious surfaces. All land-disturbing activities or addition or replacement of impervious surf:aces shall provide temporary and permanent construction controls and shall be required to contain a two-inch rainfall on site, even where an ,.rainagc Cch,re. approval of the SMa permit is not required under this chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the ......... s ~.~ov ..... SMa that the proposed activities can meet this standard, either by the Southold Town Meeting Agenda - January 17, 2012 Page 45 installation of gutters, leaders, drywells or other measures, prior to the issuance of such a municipal permit. § 236-t0 15. Activities requiring -'~: __ - ..... s ......... stormwater management control approval. None of the following activities shall be undertaken until an ~rainagc :e, rXre,! approval of the SMOv~.....,:* has been issued under the provisions of this chapter. D. E. F. Clearing, ~yubbing, grading or stripping which affects more than 5,000 square feet of ground surf:ace. Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area. Site preparation on slopes which exceed 10 feet of vertical rise to 100 feet of horizontal distance. Site preparation within 100 feet of wetlands, beach, bluff or coastal erosion hazard area. Site preparation within the one-hundred-year floodplain as depicted on FIRM Map of any watercourse. Installation of new or resurfhced impervious surf:aces of 1,000 sq. ft. or more, unless prior approval ofa Stormwater Management Control Plan was received by the Town and the proposal includes in-kind replacement of impervious surfaces. § 236-t4 16. Compliance. Wkcrc a drainage ~+~1 .... 1~' : ........ :~ ~'~' *~:~' ~*~ All development, construction, excavation and landscaping activities regulated by this Chapter shall be conducted in accordance with an approved cre,::e,n, ~'~:~*~*: .... ~ ~'* ....... * ....... n- Southold Town Meeting Agenda - January 17, 2012 Page 46 ........ v.~.., .................~ ....................... v~. Stormwater Management Contro Plan. q'~'"~ subdivision plat or site plan approval has been obtained and Where a ....... -~--:~ drainage has been addressed to the satisPaction of the SMO, the Eai!ding !nspe:te.r SMO may consider such approval in satisPaction of these requirements. ~ ..... * *~* , ..... F ......However, all development on individual lots in an approved subdivision shall remain subject to these requirements on an individual basis. § 236-tg 17. Application process. Any applicant for a municipal approval .... a t~ ....... to conduct a development, construction, construction activity, land development activity or excavation activity within the Town of Southold shall complete a stormwater assessment form to assist in determining compliance with this chapter. Applicants that meet the threshold set forth above and require a drainage ~e.r~re.! Stormwater Management Control approval~--~a shall also submit au Stormwater Management Control Plan ........ , .................. "* ....... *~ r~ane, ff' ce. rXre.! p!anto the Eai!ding~-ov~.~. ~ ...... *~ Board/Town Department reviewing the municipal approval application. Upon receipt by the Eui!ding ~n:pcc.cr Board/Town Depaament reviewing the~c ~-~ .... application far a drainage ~--+~1 C+ ....... +~ X $ ........ + ~--+~1 ........ 1 .... 1+ conduct any activity re~lated by this chapter, the Eai!ding Inapccter Board/Town Depaament reviewing the municipal approval application shall may refer the proposed ........ , .................. , ................................. r .... Stormwater Management Control Plan to the w ..... v-~: .... :-~ n~-~ ~-. ......... s ......... s ~v .......... SMO for comment and recommendation. No municipal approval v ............ shall be issued for activities requiring a drainage carafe! Stormwater Management Control approval permit, nor shall any application therefor be deemed complete, until the Eai!ding~-ow~.~. ~ ......*~ SMO has have first issued his or her approval of the crcaicn, acdimcraaticn and atcrm',vatcr rancff' carafe! plan Stormwater Management Control Plan. Such plan shall may contain the following elements where required by the SMO, which may be inte~ated into a site plan or subdivision plat submi~ed for approval pursuant to applicable Town law: (1) A ":~:-:*"..~--.: general location map drawn to a scale of not less than 2,000 feet to one inch showing the relationship of the site to its general su~oundings. (2) A plan of the site drawn to a scale of not less than 60 feet to the inch showing the location and description of propeay boundaries, site acreage, existing natural and man-made features on and within 500 feet of the site boundary, including roads, structures, water sources, drainage structures, utilities, topo~aphy including existing contours with inte~als of not more than five feet where the slope is 10% or ~eater and not more than two feet where the slope is less than 10%, test hole indicating soil characteristics, location of wooded areas, the depth to seasonal hi~ water table and a copy of the Soil Conservation District soil su~ey, v:hcrc Southold Town Meeting Agenda - January 17, 2012 Page 47 (3) Background information about the scope of the proiect and location and description of proposed changes to the site and existing development on the site, which includes: (a) All improvements including total area of land disturbance and total site area. (a b) All excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved; (I~ c) All areas requiring clearing, identified as to the nature of vegetation affected; (e d) All areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; (d e) All temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; (e _f) All temporary and permanent stormwater runoff control measures identified as to the type of fhcility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet, including soil stabilization techniques and stormwater drainage and storage systems, including ponds, recharge and sediment basins~.~..~.~.~:~:c'~ ~o~ ~^~ ~.~ ~ ..... ~c (f- g) 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 h) The location of all roads, driveways, sidewalks, structures, utilities, and other improvements including temporary access and construction staging areas; and (h i) The existing and final contours of the site at intervals of nc ~*~ *~- twc fcct not more than 5 feet where the slope is 10% or greater and not more than 2 feet where the slope is less than 10%. (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. (5) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavating and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Description of pollution prevention measures that will be used to control litter, (6) (7) construction chemicals and construction debris from becoming a pollutant source in stormwater runoff~ A description of the minimum erosion and sediment control practices to be installed or implemented for each construction activity that will result in soil disturbance. Include a schedule that identifies the timing of initial placement or implementation of each erosion and sediment control practice and the mimimum time frames that each practice should remain in place or be implemented. Southold Town Meeting Agenda - January 17, 2012 Page 48 (8) (9) Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response. Temporary and permanent soil stabilization plan that meets the requirements of the most current version of the technical standard, New York State Standards and (10) (11) (12) (13) (14) (15) (16) (17) Specifications for Erosion and Sediment Control for each stage of the project, including initial land clearing and grubbing to project completion and achievement of final stabilization. A site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map shall show the total site area; all improvements; areas of disturbances; areas that will not be disturbed; existing vegetation on-site and adjacent off-site surf:ace water(s) wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of different soil types with boundaries; material, waste, borrow or equipment storage areas located on adjacent properties; and location(s) of stormwater discharge(s); and the specific location(s), size(s), and length(s) of each erosion and sediment control practice. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins. Temporary practices that will be converted to permanent control measures. Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place. Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practices. Name(s) of the potential surf:ace waters of the State of New York and/or the receiving MS4. Delineation of Stormwater Management Control Plan implementation responsibilities for each part of the site. Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. Southold Town Meeting Agenda - January 17, 2012 Page 49 (18) An,/other existing data that describes the stormwater runoff' at the site. (19) The applicant must identify the contractor(s) and subcontractor(s) that will be responsible for installing, constructing, repairing, replacing, inspecting and maintaining the erosion and sediment control practices include in the SWPPP. § 236-t~3__18. Performance standards for approval of ere,:~e,n, :edL'nentat~e,n ~' ...... ' ....... ~* ~-'~' -'~-~ Stormwater Management Control Plan. 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 adcqt:atc!y adequately handle 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 welt:are 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, silt fencing, temporary vegetation and/or mulching to meet the requirements of the NYSDEC SPDES pre,am in c~c~ Erosion Control Manual. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach, or surf:ace waters of the State of New York as defined herein wetland, drainage patterns may be altered in a manner which reduces the threat to such beach or surface waters of the State of New York as defined herein 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 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 Southold Town Meeting Agenda - January 17, 2012 Page 50 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, silt fencing, 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 buff'er zone along water bodies, including wetlands and marshes, if c. nc ...... ~ ..... as may be required by Chapter 275 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 surf:ace waters, marshes and wct!an~g of the State of New York as defined herein. Stormwater pollutants shall not be discharged directly into a surf:ace water of the State of New York as defined herein wct!an~, 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 permitted by Chapter 275 pcrmi~ic.n ix c.~tainc~ frc. m thc Ec. ar~ c. fTn:~tcc~. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland without an approved SWPPP, Department approval, or in compliance with Chapter 275. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. The elevation of a wetland shall not be altered unless it is part of a Wetland Restoration Project approved by the Town and/or the Department. Southold Town Meeting Agenda - January 17, 2012 Page 51 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. All temporary stockpiles and/or graded areas shall be protected with erosion control measures to include, but not be limited to, hay bales, silt fencing, and vegetation to meet the minimum requirements of the NYS Stormwater Design Manual. Trails and walking paths along water bodies shall be sited and constructed so they are not a source of sediment,o~j~""~: ~ ~^~v ~..~ apprcva! cf thc Ecard cf Tr~a~tcc~ as may be required by Chapter 275 and/or as part of an approved SWPPP. 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, stormwater shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. Natural floodplains and maj e,r drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and floodwaters. If no practicable alternative to the location of development, roadway, driveways, and similar surf:aces 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 20% shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of natural or engineered drainage and erosion control measures thc ~wa!c, except accessways to shorelines appre, vcd ~y thc Ee, ard e,f Tr~aatcca shall ~c permitted by Chapter 275. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. On lands having slopes of less than 20%, 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 and/or ~final) vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the~-~-~ ~-o~;v~· ...... '^~ Stormwater Management Officer, and no later than the ~,~ .... ;~;--~1 .... ;~,; ....... ,-1~,1~ ...... ;~,1~ ti li it iff dbyth ......... t~ t~ ..........................me m s spec e e Stormwater Management Officer or noted in the Stormwater Management Control Plan. Southold Town Meeting Agenda - January 17, 2012 Page 52 ARTICLE III ADDITIONAL REQUIREMENTS §236-19. Activities covered. Construction activities that discharge or potentially discharge stormwater to surf:ace waters, whether directly or via an MS4, and that fall within any one of the below categories will require the submission ofa SWPPP as set forth in §236-20(C)(1) of this chapter which includes only erosion and sediment controls. (1) Construction activities that involve soil disturbance of one (1) or more acres of land, but less than five (5) acres: Single-fhmily residential subdivisions with 25% or less impervious cover at total site build-out; Construction of a barn or other agricultural building, silo, stock yard or pen; and Single-fhmily homes that do not meet any of the thresholds set forth in §236-19(B). (2) The following construction activities that involve soil disturbances of one (1) or more acres of land: Installation of underground, linear utilities, such as gas lines, fiber-optic cable, cable TV, electric, telephone, sewer mains, and water mains; Environmental enhancement proiects, such as wetland mitigation proiects, stormwater retrofits and stream restoration proiects; Bike paths and trails; Sidewalk construction proiects that are not part of a road/highway construction or reconstruction proiect; Slope stabilization proiects; Slope flattening that changes the grade of the site, but does not significantly change the runoff' characteristics; Spoil areas that will be covered with vegetation; Land clearing and grading for the purposes of creating vegetated open space (i.e., recreational parks, lawns, meadows, fields), excluding proiects that alter hydrology from pre to post development conditions; Southold Town Meeting Agenda - January 17, 2012 Page 53 Athletic fields (natural grass) that do not include the construction or reconstruction of impervious area and do not alter hydrology from pre to post development conditions; Demolition project where vegetation will be established and no redevelopment is planned; Overhead electric transmission line project that does not include the construction of permanent access roads or parking areas surf:aced with impervious cover; and Structural practices as identified in Table II in the "Agricultural Management Practices Catalog for Nonpoint Source Pollution in New York State", excluding projects that involve soil disturbances of less than five (5) acres and construction activities that include the construction or reconstruction of impervious area. Construction activities that discharge or potentially discharge stormwater to surf:ace waters, whether directly or indirectly via an MS4, and that meet any one of the below thresholds, shall also include water quantity and quality controls (post-construction stormwater runoff controls) as set forth in §236- 20(C)(2) as applicable: (1) Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation's ,~303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (2) Stormwater runoff from land development activities disturbing five (5) or more acres. (3) Stormwater runoff from land development activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single family residences and construction activities at agricultural properties. (4) Stormwater runoff from land development activity associated with single-family homes directly discharging to 303(d) segments impaired by pollutants related to land development activities as identified in the New York State Department of Environmental Conservation SPDES General Permit for Construction Activities (GP-0-10-001), as amended. Stormwater runoff from land development activity associated with single-family residential subdivisions directly discharging to 303(d) segments impaired by pollutants related to land development activities as identified in the New York State Department of Environmental Conservation SPDES General Permit for Construction Activities (GP-0 - 10-001), as amended. Southold Town Meeting Agenda - January 17, 2012 Page 54 §236-20. Application process. Any applicant for an activity that requires approval of the SMa for land development activities within the Town of Southold that meets any of the thresholds set forth in §236- 19 shall comply with the New York State Department of Environmental Conservation SPDES General Permit for Construction Activities (GP-0-10-001), as amended, and complete a stormwater assessment form to assist in determining compliance with this chapter. The application shall include a Stormwater Pollution Prevention Plan (SWPPP) which should be submitted to the Building Department. Upon receipt by the SMO of any application for an approval, the SMO may refer the proposed SWPPP to the Town Engineering Department for comment and recommendations. No municipal permit that shall be issued for activities requiring an approval of the SMa, nor shall any application therefore be deemed complete until the SMa has issued an approval of the SWPPP and has issued a formal SWPPP Acceptance Form. C. SWPPP Requirements. (1) The SWPPP shall include, at a minimum, the following: (a) All information required in §236- 17(C) of this Chapter; (b) Identification of potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges; (c) Documentation supporting the determination of approval with regard to Historic Places or Archeological Resources. At a minimum, the supporting documentation shall include: (i) Information on whether the stormwater discharge or land development activities would have an effect on a property (historic or archeological resource) that is listed or eligible for listing on the State or National Register of Historic Places; (ii) Results of historic resources screening determinations conducted. Information regarding the location of historic places listed, or eligible for listing, on the State or National Registers of Historic Places and areas of archeological sensitivity that may indicate the need for a survey can be obtained online by viewing the New York State Office of Parks, Recreation and Historic Places (aPRHP) online resources located on their website; Southold Town Meeting Agenda - January 17, 2012 Page 55 (2) (d) (e) (g) (h) (iii) A description of measures necessary to avoid or minimize adverse impacts on places listed, or eligible for listing, on the State or National Register of Historic Places. If the applicant fails to describe and implement such measures, the stormwater discharge is ineligible for coverage under this permit; and (iv) Where adverse effects may occur, any written agreements in place with OPRHP or other governmental agency to mitigate those effects, or local land use approvals evidencing the same. A description of the soil(s) present at the site, including an identification of the Hydrolic Soil Group (HSG); Identification of any elements of the design that are not in conformance with the Design Manual. Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standards; A hydrologic and hydraulic analysis for all structural components of the stormwater management control system; A detailed summary (including calculations) of the sizing criteria that was used to design all post-construction stormwater management practices. At a minimum, the summary shall address the required design criteria from the Design Manual; including the identification of and justification for any deviations from the Design Manual, and identification of any design criteria that are not required based on the design criteria or waiver criteria included in the Design Manual; An operations and maintenance plan that includes inspection and maintenance schedules and actions to ensure continuous and effective operation of each post-construction stormwater management practice. The plan shall identify the entity that will be responsible for the long-term operation and maintenance of each practice. For construction activities that meet any of the thresholds in §236-19(B), these additional post construction stormwater runoff controls shall be included in the SWPPP: (a) Description of each post-construction stormwater management practice to be constructed as part of the proiect; (b) Site map/construction drawing(s) showing the specific location(s) and size (s) of each post-construction stormwater management practice; Southold Town Meeting Agenda - January 17, 2012 Page 56 Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms; (d) Comparison of post-development stormwater runoff conditions with pre- development conditions; (e) Dimensions, material specifications and installation details for each post- construction stormwater management practice; Maintenance schedule provided by the contractor(s) to ensure continuous and effective operation of each-post construction stormwater management practice; (g) Maintenance easements to ensure access to all stormwater management practices atthe site for the purpose of inspection and repair. Easements shall recorded on the plan and shall remain in effect with transfer of title to the property. (h) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §236-9(B) (See Above Article I Maintenance Easement(s)). (i) For those activities that meet the threshold set forth in §236-19(B)(1), the SWPPP shall be prepared by a qualified professional that is knowledgeable in the principles and practices of stormwater management and treatment and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements of this Chapter. Any applicant for an activity shall not disturb greater than five (5) acres of soil at any one time without prior written authorization from the Department or the SMO. At a minimum, the applicant must comply with the following requirements in order to be authorized to disturb greater than five (5) acres of soil at any one time: (1) The applicant shall have a Qualified Inspector conduct at least two (2) site inspections in accordance with the General Permit (GP-0-10-001), every seven (7) calendar days, for as long as greater than five (5) acres of soil remain disturbed. The two (2) inspections shall be separated by a minimum of two (2) full calendar days. (2) In areas where soil disturbance activity has been temporarily or permanently ceased, temporary and/or permanent soil stabilization measures shall be installed and/or implemented within seven (7) days from the date the soil disturbance activity ceased. The soil stabilization measures selected shall be in conformance Southold Town Meeting Agenda - January 17, 2012 Page 57 with the most current version of the technical standard, New York State Standards and Specifications for Erosion & Sediment Control. (3) The applicant shall prepare a phasing plan that defines maximum disturbed area per phase and shows required cuts and fills. (4) The applicant shall install any additional site specific practices needed to protect water quality. (5) The applicant shall include the above requirements in their SWPPP. The SMO may suspend or revoke an applicant's approval at any time if the SMO determines that the SWPPP does not meet the requirements of this chapter. The applicant shall notify the Town in writing of any planned amendments or modifications to the post-construction stormwater management component of the SWPPP that may be required. Unless otherwise notified by the Town, the applicant shall have the SWPPP amendments or modifications reviewed and accepted by the SMO prior to commencing construction of the post-construction stormwater management practice. §236-21. Other Environmental Permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. §236-22. Contractor Identification and Certification. Prior to the commencement of land development activity, the applicant must identify the contractor(s) and subcontractor(s) that will be responsible for installing, constructing, repairing, replacing, inspecting and maintaining the erosion and sediment control practices included in the SWPPP; and the contractor(s) and subcontractor(s) that will be responsible for constructing the post-construction stormwater management practices included in the SWPPP. B. The applicant shall have each of the contractors and subcontractors identify at least one person from their company that will be responsible for implementation of the SWPPP. This person shall be known as the trained contractor. The applicant shall ensure that at least one trained contractor is on site on a daily basis when soil disturbance activities are being performed. The applicant shall have each of the contractors and subcontractors identified above sign a copy of the following certification statement below before they commence any land development activity: Southold Town Meeting Agenda - January 17, 2012 Page 58 "I hereby certify that I understand and agree to comply with the terms and conditions of the SWPPP and agree to implement any corrective actions identified by the Qualified Inspector during a site inspection. I also understand that the applicant must comply with the terms and conditions of the most current version of the New York State Pollutant Discharge Elimination System ("SPDES") general permit for stormwater discharges from land development activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards. Furthermore, I understand that certifying false, incorrect or inaccurate information is a violation of the referenced permit and the laws of the State of New York and could subject me to criminal, civil and/or administrative proceedings." In addition to providing the certification statement above, the certification page must also identify the specific elements of the SWPPP that each contractor and subcontractor will be responsible for and include the name and title of the person providing the signature; the name and title of the trained contractor responsible for SWPPP implementation; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification statement is signed. The applicant shall attach the certification statement(s) to the copy of the SWPPP that is maintained at the construction site. If new or additional contractors are hired to implement measures identified in the SWPPP after construction has commenced, they must also sign the certification statement and provide the information listed above. §236-23. SWPPP and other documents retained on site. A copy of the S WPPP, the General Permit (GP-0 - 10-001), Notice of Intent, Notice of Intent Acknowledgment Letter, Town SWPPP Acceptance Form and Inspection Reports shall be retained in a secure location at the site of the land development activity during construction from date of initiation of construction activities to the final date of stabilization. ARTICLE IV ILLICIT DISCHARGES § 236-24. Discharge prohibition. Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in §236-24A below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows: (1) The following discharges are exempt from discharge prohibitions established by this local law, unless the Department or the municipality has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources~ landscape irrigation or lawn watering, existing diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains, Southold Town Meeting Agenda - January 17, 2012 Page 59 uncontaminated pumped ground water, foundation or footing drains, air conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, residential street wash water, water from fire fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants. (2) Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that, such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this local law. (3) Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test. (4') The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4. B. Prohibition of Illicit Connections. (1) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this local law if the person connects a line conveying sewage to the municipality's MS4, or allows such a connection to continue. §236-25. Prohibition a~ainst failin~ individual sewage treatment systems. No persons shall operate a failing individual sewage treatment system in areas tributary to the municipality's MS4. A i~ailing individual sewage treatment system is one which has one or more of the following conditions: 1. The backup of sewage into a structure. Southold Town Meeting Agenda - January 17, 2012 Page 60 Discharges of treated or untreated sewage onto the ground surf:ace. A connection or connections to a separate stormwater sewer system. Liquid level in the septic tank above the outlet invert. Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section. Contamination of off-site surf:ace and groundwater. B. Any failing individual sewage system shall be remedied to the satisfaction of the SMa. §236-26. Prohibition a~ainst activities contaminatin~ stormwater. Activities that are subject to the requirements of this section are those types of activities that: (1) Cause or contribute to a violation of the municipality's MS4 SPDES permit. (2) Cause or contribute to the municipality being subject to the Special Conditions as defined in §236-5 (Definitions) of this local law. B Such activities include failing individual sewage treatment systems as defined in §236- 25, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization. Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality's MS4 SPDES permit authorization. §236-27. Requirement to prevent, control and reduce stormwater pollutants by the use of best management practices. Best Management Practices: Where the SMa has identified illicit discharges as defined in §236-5 or activities contaminating stormwater as defined in Section 236-26 the municipality may require implementation of Best Management Practices (BMPs) to control those illicit discharges and activities. (1) The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and non-structural BMPs. (2) Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge as defined in ,~236-5 or an activity contaminating stormwater as defined in §236-26, may be required to implement, at said person's Southold Town Meeting Agenda - January 17, 2012 Page 61 expense, additional structural and non-structural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. (3) Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. Individual Sewage Treatment Systems - Response to Special Conditions Requiring No Increase of Pollutants or Requiring a Reduction of Pollutants Where individual sewage treatment systems are contributing to the municipality's being subject to the Special Conditions as defined in §236-5, the owner or operator of such individual sewage treatment systems shall be required to comply with the applicable rules and regulations of the Suffolk County Department of Health Services and/or the below requirements. In instances where there is an inconsistency with the below requirements and the Suffolk County Department of Health Services rules and regulations, the more restrictive requirement shall apply. (1) Maintain and operate individual sewage treatment systems as follows: Inspect the septic tank annually to determine scum and sludge accumulation. Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge is within ten inches of the bottom of the outlet baffle or sanitary tee. b. Avoid the use of septic tank additives. Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals; and Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items (2) Repair or replace individual sewage treatment systems as follows: In accordance with 10NYCRR Appendix 75Ato the maximum extent practicable. A design professional licensed to practice in New York State shall prepare design plans for any type of absorption field that involves: (i.) Relocating or extending an absorption area to a location not previously approved for such. Southold Town Meeting Agenda - January 17, 2012 Page 62 (ii.) Installation of a new subsurface treatment system at the same location. (iii.) Use of alternate system or innovative system design or technology. A written certificate of compliance shall be submitted by the design professional to the municipality at the completion of construction of the repair or replacement system. §236-28. Suspension of access to MS4 (fflicit discharges in emergency situations). The SMO ma,/, without prior notice, suspend MS4 discharge access to a person when such suspension is necessar,/to stop an actual or threatened discharge which presents or ma,/present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMa shall notif,/the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to compl,/with a suspension order issued in an emergenc,/, the SMa ma,/take such steps as deemed necessar,/to prevent or minimize damage to the MS4 or to minimize danger to persons. Suspension due to the detection of illicit discharge. An,/person discharging to the municipalit,/'s MS4 in violation of this law ma,/have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMa will notif,/a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator ma,/petition the SMa in writing for reconsideration. Access ma,/be granted b,/ the SMa if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access ma,/be denied if the SMa determines in writing that the illicit discharge has not ceased or is likel,/to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the SMa. §236-29. Industrial or construction activity discharges. An,/person subiect to an industrial or construction activit,/SPDES stormwater discharge permit shall compl,/with all provisions of such permit. Proof of compliance with said permit ma,/be required in a form acceptable to the municipalit,/prior to the allowing of discharges to the MS4. §236-30. Access and monitorin~ of discharges. Applicabilit,/. This section applies to all facilities that the SMO must inspect to enforce an,/provision of this Law, or whenever the authorized enforcement agenc,/has cause to believe that there exists, or potentiall,/exists, in or upon an,/premises an,/condition which constitutes a violation of this Law. Southold Town Meeting Agenda - January 17, 2012 Page 63 B Access to Facilities. (1) (2) (3) (4) (6) The SMa shall be permitted to enter and inspect facilities subiect to regulation under this law as often as may be necessary to determine compliance with this Law. Ifa discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMa. Facility operators shall allow the SMO ready access to all parts of the premises for the purposes ofinspectiom sampling, examination and copying of records as may be required to implement this law. The municipality shall have the right to set up on any facility subiect to this law such devices as are necessary in the opinion of the SMa to conduct monitoring and/or sampling of the facility's stormwater discharge. The municipality has the right to require the facilities subiect to this law to install monitoring equipment as is reasonably necessary to determine compliance with this law. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. Unreasonable delays in allowing the municipality access to a facility subiect to this law is a violation of this law. A person who is the operator of a facility subiect to this law commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this law. If the SMa has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this law, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this law or any order issued hereunder, then the SMa may seek issuance of a search warrant from any court of competent iurisdiction. §236-31. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, Southold Town Meeting Agenda - January 17, 2012 Page 64 said person shall notify the municipality in person or by telephone or Jhcsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. ARTICLE V ADMINISTRATION & ENFORCEMENT §236-32. Enforcement. Enforcement. The Director of Code Enforcement, Zoning Inspector, Police Department 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. §236-33. All stormwater discharges. Stormwater discharges that are regulated under Article II of this chapter are subiect to the following: Inspec on. Inspec on r :~ ........ , .................. , .................... ~ .... Stormwater Management Control Plan compliance shall be conducted by the E~:i!~ing ~..or~,v.~ ...... *~ SMO to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual a~eement ii during or a~r installation, the ~,~s~":~:-~ ~n:pc~,cr SMO deems that the installed measures are not adequate to meet the performance standards or if alternatives would be~er meet the Code requirements. If no a~eement is reached, the ~aL,~ing ~n:pc:,cr SMO may require the submission of a modified plan in order to maintain compliance with this chapter. Restoration. Any clearing, excavation or development of land in violation of this chapter shall be corrected forthwith after written notice by the E~:i!~ing~.~ov~,v~ · ...... *^~ SMO. 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. Certificate of occupancy. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been o~[*o~[~*c'~+: c,C~ ~+~:l~..j ~OnC completed to the satisJhction of the SMO. Southold Town Meeting Agenda - January 17, 2012 Page 65 Fines. Any responsible party, owner, occupant, builder, architect, contractor or their agents, or any other person undertaking clearing, excavation or development of land in violation of this chapter, or falsifying information in connection with the requirements of this chapter, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than $500 and not more than $2,000. Such person shall be deemed guilty of a separate offense for each day during which a violation of this chapter is committed or continues. §236-34. Stormwater discharges subject to additional requirements of Article lll. Activities regulated under Article III of this chapter are subiect to the following: A. Construction Inspection. Erosion and Sediment Control Inspection. The SMO may require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notif~ the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notif~ the Town's enforcement official at least 48 hours before any of the following as required by the SMa: (i) installation of sediment and erosion control measures; (ii) start of site clearing; (iii) start of rough grading; (iv) start of construction; (v) close of the construction season; (vi) completion of final landscaping; and (vii) successful establishment of landscaping in public areas. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the SMa. Stormwater Management Practice Inspections. The Town's SMO is responsible for conducting inspections ofstormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater management practices located on-site after final construction is completed. The plan must how the final design specifications for all stormwater management facilities and must be certified by a professional engineer. Inspection of Stormwater Facilities After Proiect Completion. Inspection programs shall be established on any reasonable basis, including but not limited Southold Town Meeting Agenda - January 17, 2012 Page 66 to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and ioint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. Submission of Reports. The SMO may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law. Right-of-Entry for Inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Section 236-34(A)(3). B. Performance Guarantee. 1. Construction Completion Guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the Stormwater Pollution Prevention Plan, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the fhcility(ies) have been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. Southold Town Meeting Agenda - January 17, 2012 Page 67 Maintenance Guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner Pails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. Recordkeeping. The Town may require entities subiect to this law to maintain records demonstrating compliance with this law. Certificate of Occupancy. No certificate of occupancy shall be issued bythe Building Inspector until all work required to be completed pursuant to the SWPPP has been completed to the satisfaction of the SMa. Fines. Any responsible party, owner, occupant, builder, architect, contractor or their agents, or any other person undertaking clearing, excavation or development of land in violation of this chapter, or falsifying information in connection with the requirements of this chapter, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than $500 and not more than $2,000. Such person shall be deemed guilty of a separate offense for each day during which a violation of this chapter is committed or continues. §236-35. Illicit discharges. Violations of Article IV of this chapter are subiect to the following: A. Notice of Violation. When the municipality's SMa finds that any responsible party, owner, occupant, builder, architect, contractor or their agents, or any other person has violated a prohibition or failed to meet a requirement of Article IV, Illicit Discharges, he/she may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (1) The elimination of illicit connections or discharges; (2) That violating discharges, practices, or operations shall cease and desist; (3) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; Southold Town Meeting Agenda - January 17, 2012 Page 68 (4) (5) The performance of monitoring, analyses, and reporting; Payment of a fine; and The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. B. Fines. Any responsible party, owner, occupant, builder, architect, contractor or their agents, or any other person undertaking clearing, excavation or development of land in violation of this chapter, or fhlsif¥ing information in connection with the requirements of this chapter, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than $500 and not more than $2,000. Such person shall be deemed guilty of a separate offense for each day during which a violation of this chapter is committed or continues. C. Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the SMO to the Town Board within 15 days of its issuance, which shall hear the appeal within 30 days after the filing of the appeal, and within five days of making its decision, file its decision in the office of the municipal clerk and mail a copy of its decision by certified mail to the discharger. D. Corrective Measures After Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 5 business days of the decision of the municipal authority upholding the decision of the SMa, then the SMa shall request the owner's permission for access to the subiect private property to take any and all measures reasonably necessary to abate the violation and/or restore the property. If refused access to the subiect private property, the SMO may seek a warrant in a court of competent iurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMa may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost Southold Town Meeting Agenda - January 17, 2012 Page 69 of implementing and maintaining such measures shall be the sole responsibility of the discharger. E. Injunctive Relie£ It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this law. Ifa person has violated or continues to violate the provisions of this law, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. Alternative Remedies. 1. Where a person has violated a provision of this Law, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal Attorney and concurrence of the Municipal Code Enforcement Officer, where: (a) (b) (c) (d) (e) The violation was unintentional. The violator has no history of previous violations of this Law. Environmental damage was minimal. Violator acted quickly to remedy violation. Violator cooperated in investigation and resolution. 2. Alternative remedies may consist of one or more of the following: (a) (b) (c) (d) Attendance at compliance workshops Storm drain stenciling or storm drain marking Waterbody, estuary, pond, bay or creek cleanup activities revegetation and planting projects Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this law is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. Remedies Not Exclusive. The remedies listed in this law are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. Southold Town Meeting Agenda - January 17, 2012 Page 70 II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-27. Coastal Erosion Management Permit. A Coastal Erosion Management Permit will be issued for regulated activities which comply with the general standards (§111-9), restrictions and requirements of the applicable sections of this chapter, provided the following are adhered to: Each application for a Coastal Erosion Management Permit must be accompanied by proof of compliance with the requirements of Chapter 236, Stormowater Management, of this Code. III. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) A Stormwater Management Control Plan consistent with the requirements of Chapter 236, Stormwater Manaement, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. IV. Chapter 228 of the Code of the Town of Southold is hereby amended as follows: §228-6. Application for permit. Before any excavation is commenced for any purpose other than those excepted in §228- 4 of this chapter, or before topsoil, earth, sand, gravel, stone or other minerals are removed from the ground, the owner, lessee or agent of the premises shall obtain a written permit therefore from the Town Board. For that purpose, such applicant shall file Southold Town Meeting Agenda - January 17, 2012 Page 71 with the Town Clerk of the Town of Southold an application in duplicate for such permit, which shall set forth and include: (7) A Stormwater Management Control Plan consistent with the requirements of Chapter 236, Stormwater Manaement, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. V. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: §237-7. Applications. Any person desiring a permit shall make application to the Superintendent, upon forms to be provided by him, which application shall set forth the following: A Stormwater Management Control Plan consistent with the requirements of Chapter 236, Stormwater Manaement, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. Such other information as the superintendent shall deem pertinent to effectuate the purposes of this article. VI. Chapter 240 of the Code of the Town of Southold is hereby amended as follows: §240 - 17. Technical requirements. Preliminary Road and drainage plan. The developer shall submit six copies of the road and drainage plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicate the proposed construction and/or development. (2) A Stormwater Management Control Plan consistent with the requirements of Chapter 236, "Stormwater Management" of this Code. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, "Stormwater Management." VII. Chapter 253 of the Code of the Town of Southold is hereby amended as follows: §253-2. Permit required. It shall be unlawful for any person or persons, firm, association, corporation or copartnership to establish, maintain or operate within the limits of the Town of Southold any tourist camp on any location or plot of ground for use of transients by the day, week, month or season, whether a charge is or is not made, who does not possess a permit from the Department of Health and the Southold Town Meeting Agenda - January 17, 2012 Page 72 Town Board of the Town of Southold. The permit issued by the Town Board shall be subiect to approval pursuant to Chapter 236, Stormwater Management, and shall not be transferable or assignable and may be revoked for cause by such Board after a hearing. VIII. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: §275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: (19) A Stormwater Management Control Plan consistent with the requirements of Chapter 236, Stormwater Manaement, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. IX. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-133. Application requirements. A. Submission of a complete site plan application shall consist of: (6) A Stormwater Management Control Plan consistent with the requirements of Chapter 236, "Stormwater Management", of this Code. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, "Stormwater Management". §280-142. General standards. No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: That the proposal complies with the requirements of Chapter 236, Stormwater Management, or, in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. X. 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 Southold Town Meeting Agenda - January 17, 2012 Page 73 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. XI. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. v'VoteRecord ResolufionRES 2012 101 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-102 CATEGORY: DEPARTMENT: Legislation Town Attorney Transmit the Proposed Local Law Entitled ".4 Local Law in Relation to Amendments to Chapter 236, Stormwater Management " to the STPB and the SCDoj? RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management" to the Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. v'VoteRecord ResolutionRES 2012 102 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-103 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney Southold Town Meeting Agenda - January 17, 2012 Page 74 LL/Site Plan ~lmendments Set PH 2/14/12 @ 7:32 PM WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:32 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 Amendments to Chapter 280, Zoning, in connection with Site Plan Approval" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. This article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 280-13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site ~cvc!c~pmcr~ plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. §280-128. Findings of fact; purpose. Southold Town Meeting Agenda - January 17, 2012 Page 75 The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. B. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. §280-129. Objectives. In considering and acting upon site ~cvc!cpmcrX plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. Southold Town Meeting Agenda - January 17, 2012 Page 76 Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, blufl~, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surf:ace water from contamination by pollutants. (3) The protection of air quality. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to Southold Town Meeting Agenda - January 17, 2012 Page 77 such public requirements and standards as may exist. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. ARTICLE XXIV, Site Plan Approval §280-130. Approval of site plan required. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site ~c¥c!c~pmcr~ plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] No regra ng, c ear ng, tree remova or any o er wot site, except limited clearing needed to undertake survey work or soils investigations, may take place.~^~ ~'.~ ..... t~--~-.:**~ ,^~. ,.~7~ p.acc until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site ~c¥c!c~pmcr~ plan or Southold Town Meeting Agenda - January 17, 2012 Page 78 approved amendment of any such plan. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain iurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Planning Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or proiect as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subiect to such penalties as are set forth in ~280- 155 of this chapter. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized Southold Town Meeting Agenda - January 17, 2012 Page 79 to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. Presubmission conference. Prior to the submission of a site ~c¥c!c. pmcrX plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. Site ~c¥c!c. pmcrX plan. Nine copies of the site ~c¥c!c. pmcnt plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site ~ ..... * plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site ~c¥c!c. pmcr~ plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. Southold Town Meeting Agenda - January 17, 2012 Page 80 (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again ifa change of use is proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall ma,/make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. Southold Town Meeting Agenda - January 17, 2012 Page 81 After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. Guaranty of Performance (1) Public Improvements: A guaranty of performance may be required for all public improvements as part of the conditions of approval. If a guaranty of performance Southold Town Meeting Agenda - January 17, 2012 Page 82 is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required for on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may have potential impacts on adiacent property owners. (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder; and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. L. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. §280-132. Duration of plan. An approved site dcvc!e, pmcra plan shall be valid for a period oftPtcc years 18 months from the date of approval. All work proposed on the plan shall be completed within tPtcc Southold Town Meeting Agenda - January 17, 2012 Page 83 years 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. 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. v'VoteRecord ResolutlonRES 2012 103 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-104 CATEGORY: DEPARTMENT: Legislation Town Attorney Transmit the Proposed Local Law Entitled ".4 Local Law in Relation to Amendments to Chapter 280, Zoning, in Connection with Site Plan Approval" to the STPB and the SCDoJ? RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" to the Southold Southold Town Meeting Agenda - January 17, 2012 Page 84 Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. · /VoteRecord ResolutionRES 2012 104 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-105 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney LL/Property Mamt. Law Set PH 2/14/12 @ 7:34 PM WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:34 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 Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Sonthold" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - January 17, 2012 Page 85 §100-1. Title. This chapter shall be known as the "Unsafe Buildings, Premises and ..... v .............. Property Maintenance Law of the Town of Southold." §100-2. Purpose. The purpose of this chapter is to promote the p~:5!i:..~.[..,1~1+1~ o~[jc'~C~+ .... ~.~"1 ~ ~'1 .... ** ~*~*~1C~ of thc ................................... conse~a ono FO e an roe vaues, toe mnate safety and health hazards and to address unsightly conditions, environmental public nuisance(s) and dangerous obstructions to emergency vehicle access, and tko .......... ,:~- ~c ..... ~ .... a Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). EXTERIOR PROPERTY The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. JUNKED VEHICLE Any vehicle, including a trailer, which is without a currently valid license plate or plates and is in such a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition as to be no longer intended or in condition for legal use on the public highways. LAND The term "land" and "property" shall have the same meaning as "premises" as defined herein. LITTER Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the ground, tends to create a danger to public health, safety and welfare or tends to create blight. OCCUPANT Any individual or person occupying a premises or building, or having possession of a premises or building. OWNER Any person, agent, operator, firm or corporation having a legal or equitable interest Southold Town Meeting Agenda - January 17, 2012 Page 86 in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. PREMISES A lot, plot or parcel of land, easement or public way, including any structures thereon. RUBBISH Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery. Standards. A. Property Maintenance. Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. Garbage, crates, rubbish, refuse or debris shall be kept inside building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. Junked or unregistered vehicles may not be located or stored in open view, but shall be stored in a suitable location inside a building or behind a fence outside of public view. 6. Exterior facades shall at all times be kept free of graffiti or other defacement. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use Southold Town Meeting Agenda - January 17, 2012 Page 87 constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency and/or fire rescue vehicles are, for the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. {}1004-_5. Inspection and report. Unsafe building. When, in the opinion of the Building Inspector, any structure located in the Town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his Unsafe premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from the Commissioners of any Fire Department or Fire District or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by §280-109(C), in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. §100-56. Service of notice. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under ~ 100-4(A), he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such premises, building or structure as hereinafter provided. The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. §100~ 7_. Contents of notice. Southold Town Meeting Agenda - January 17, 2012 Page 88 The notice referred to in § 100-5 6 hereof shall contain the following: A. A description of the premises. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of the provisions under ~100-4(A). An order requiring the premises, building or structure to be made safe and secure or removed, or if there is a violation of § 100-4A, an order to remedy. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. Ifa violation of any one or more of the provisions under ~ 100-4 A are cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in §100-5 6 hereo£ No hearing is required if the only violation alleged is pursuant to §100-4(A). A statement that, in the event that the Town Board, after the hearing specified in § 100-6 7(E) hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. §100-g 8. Filing a copy of notice. A copy of the notice referred to in § 100-6 7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed Southold Town Meeting Agenda - January 17, 2012 Page 89 by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. §100~ 9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any premises, building or structure that there is actual and immediate danger of fhilure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. §100-9-10. Costs and expenses. All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or any work done to abate any violation of provisions under ~100- 4(A) of this chapter shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and Southold Town Meeting Agenda - January 17, 2012 Page 90 under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. §le0 101._[1. Penalties for offenses. An,/person who violates a provision under §100-4(A) of this chapter shall be guilt,/ofa violation punishable by a fine not to exceed $2,500. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of a violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relie£ Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. §lee ll 12. 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. §lee 12 1.23. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. · /VoteRecord ResolutionRES 2012 105 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - January 17, 2012 Page 91 2012-106 CATEGORY: DEPARTMENT: Legislation Town Attorney .~l Transmit the Proposed Local Law Entitled ".4 Local Law in Relation to ~lmendments to Chapter 100, Buildings, Unsafe, m Connection with Unsafe Buildings, Premises and Property Mamtenance Law of the Town of Southold" to the STPB and the SCD of P RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold" to the Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. v'VoteRecord ResolutionRES 2012 106 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action VI. PUBLIC HEARINGS