HomeMy WebLinkAboutLL 2012 #03ANDREW M. CUOMO
GOVERNOR
STATE OF NEW YORK
DEPAETMENT OF STATE
ONE COMMERCE PLAZA
99WASHINGTON AVENUE
ALBANY, NY 12231-0001
CESAR A. PERALES
SECRETARY OF STATE
March 5, 2012
Lynda M Rudder
Deputy Town Clerk
Town Hall, 43095 Main Road
PO Box 1179
Southold NY 11971
RECEIVED
MAR 9
RE: Town of Southold, Local Law 3 2012, filed on March 1, 2012
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from out website, www.dos.state.ny.us.
Sincerely,
State Records and Law Bureau
(518) 474-2755
WVWV.DO$.STATE.NY,US E-I~IAIL: INFOi~DO$. STATE.NY. US
SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 14, 2012
7:36 PM
Present:
Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Christopher Talbot
Councilwoman Jill Doherty
Town Attorney Martin Finnegan
Deputy Town Clerk Linda Cooper
This heating was reopened at 9:10 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, 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".
NOTICE IS HERBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a second public hearing on the aforesaid Local Law at the Southold
Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012
at 7:36 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 in part:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~
Stormwater Management".
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 ,n.~ .... ~ r~.~: ....r-^~,~l T ......
Management; Erosion & Sediment Control; and Illicit Discharges Law."
Chapter 236 Amendments Public Hearing 2
February 14, 2012
§ 236-2. Statutory authorization/and conflicts with other laws.
A. Statutory Authorization
This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to
promote the public health, safety and general welfare of Town citizens through land use
regulations intended to control flooding, erosion or sedimentation within the entire Town.
B__:. Conflict with Other Laws.
In their interpretation and application, the provisions of this chapter shall be
minimum requirements adopted for the promotion of the public health, safety and
welfare. Whenever the requirements of this chapter are at variance with the requirements
of the New York State 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:
A. 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;
B. 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;
C. Clearing and grading during construction tends to increase soil erosion and
add to the loss of native vegetation necessary for terrestrial and aquatic
habitatl
D. Improper design and construction of stormwater management practices can
increase the velocity of stormwater runoff thereby increasing stream bank,
shoreline and bluff erosion and sedimentationl
E. Impervious surfaces allow less water to percolate into the soil, thereby
decreasing groundwater recharge and stream baseflow;
F. 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
Chapter 236 Amendments Public Hearing
February 14, 2012
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 gr~t~s~ 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
objectives 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, wetlands, bluffs, 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 discharging 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 Depamnent 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 surface waters of
Chapter 236 Amendments Public Hearing
February 14, 2012
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 necessary 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.
The complete text of the proposed local law, as revised based upon comments received
into the record, is available for review on the Southold Town's website:
southoldtown.northfork.net and copies are available at the Southold Town Clerk's
office during regular business hours, Monday through Friday, 8:00 AM to
4:00 PM.
It was posted on February 8th on the Town Clerk's bulletin board. It was again posted on
February 9, 2012 in the Suffolk Times. That is it.
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on the MS4
proposed local law? Lillian, please.
LILLIAN BALL: Hello, Lillian Ball, Southold Town. I haven't had a chance to really
read the whole thing and I am not sure that I would understand it all even if I did read the
whole thing but something really jumps out at me that I would be very curious to know
what, how you foresee this working. And that is the stormwater management officer and
authority. How are you going to pick a stormwater management officer? What kind of
criterion can you put together for who decides these issue? And I guess Martin, also a
question to everybody.
SUPERVISOR RUSSELL: We already have staff that has already been through all the
MS4 training. They have a very keen sense of what is required under the law and under
our drainage code. Stormwater management officers, I think we have already designated
two, John Sepenoski and Jamie Richter. We have by resolution the ability to add
stormwater management officers as we need them, particularly if we can get someone
Chapter 236 Amendments Public Hearing 5
February 14, 2012
from the Planning Department, someone like Mark Terry who is very versed in the
stormwater management law. The idea is to review based on the requirements of 236 and
the requirements of the DEC. That is the requirements.
MS. BALL: But it says here, upon approval of the Town Board, they have to be
engaged, the services have to be engaged of a registered professional engineer. Neither
of those two people that you mentioned are PE's.
TOWN ATTORNEY FINNEGAN: The Stormwater management officer, them are
different aspects of Chapter 236 that require review (inaudible). The code enfomement
officers will be stormwater management officers for certain aspects because they will
have to go out and review for code enforcement purposes but primarily it is
representatives from the involved agencies, the office of the Town Engineer, the Planning
Department, the Building Department and they will each have, the Town Board will
designate representatives within the town, employees of the town, who will have the
responsibility, depending upon which aspect of the review is being conducted, they will
be designated. And the code was amended, the amendment that was made at the last
public hearing was at the last public heating was to (inaudible) specific designations that
have been, a member of the Planning Department, code enforcement officer (inaudible)
and we just changed it to appointment by resolution so that you know, staff comes and
staff goes, so we don't require a whole amendment of the code to make a change in that
designation. So under the permit, there are certain reviews that the town is now required
to do, many of which were previously done by the DEC, by other agencies. So it is up to
the Town Board to just designate the appropriate personnel to review, to conduct the
reviews.
COUNCILMAN KRUPSKI: If you had one person designated, it would cause a logjam
process for every department. If you have people in every department that are trained
properly to conduct the review, then (inaudible)...
MS. BALL: But we don't have any registered professional engineers.
SUPERVISOR RUSSELL: That is not to be a stormwater management officer. That is
someone who is going to do the drainage plan for a pending application. In other words, I
would do a site plan...
MS. BALL: So you are saying a proposal would come from...
SUPERVISOR RUSSELL: That is right.
MS. BALL: Okay, rather than and they would be reviewed by somebody who was not
but the proposal has to come from somebody with a PE? Okay. That is clarified then.
And I would think though, that the more you have, our stormwater, Jill certainly
understands this. Our stormwater management committee didn't really move very fast on
too many situations where they could have possibly had much simpler solutions. So it
Chapter 236 Amendments Public Hearing 6
February 14, 2012
seems to me you don't need a lot, maybe three or four is a good idea but a large
committee doesn't necessarily function better.
COUNCILMAN KRUPSKI: No, it wouldn't be a committee. It would be one person in
each department.
MS. BALL: In each department. For each specific designation.
COUNCILMAN KRUPSKI: In other words, if you are the Planning Board and they
have a person say, Scott said Mark Terry would be in the office and when someone
comes in with an application from the Planning Board, he would be reviewing it from day
one, so you wouldn't get halfway through the process and someone else would come in
and say no, no you have got to change it around because it doesn't conform with our MS4
law and then it would, it just throws the whole process off and you are starting from
scratch again.
MS. BALL: So then it would be a consistent single person following through one
particular application.
COUNCILMAN KRUPSKI: Right. Right.
MS. BALL: Well, that is good. Relatively streamlined. Alright, that was the main
question I had. Thank you.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the
MS4 proposed local law.
BENJA SCHWARTZ: Benja Schwartz, Cutchogue, East Road. I know some of you
have been down to where I live and as you know, the end of East Road is approximately
200 feet long at a 45 degree angle, running right into the creek. And it was designed to
drain not just that portion of the road but the roads that are a little bit above that, into the
creek. That drainage has been mitigated a little bit by the road breaking up down there at
the very end. But somehow I heard and I don't know where I heard this from, that the
highway department, oh, they were patching the road in front of my neighbors driveway,
a nice patch, but they mentioned that this was just a temporary patch and as soon as it
warms up and the weather is nice for applying hot tar, they are going to come and do the
entire road. Repave the entire road. Now I have spoken with several of you about and as
many people in my neighborhood who are interested in redesigning that road and
changing the way the road is set up. If we just repave the road, I mean, this law is
supposedly about the stormwater runoff but I don't get a sense from reading it that it
really intends to protect our surface waters and aquifers, it's a lot of regulation. Is there
anything in this law that will guide the actions of the towns in creating the municipal
separate sewer systems or in repairing existing roads which were designed for, in ways
that would be illegal today, do we have anything in the law that will address...
Chapter 236 Amendments Public Hearing 7
February 14, 2012
SUPERVISOR RUSSELL: Does the law establish a capital project fund? No. We do
that at the Town Board level. We have priorities. Actually the MS4 legislation
identified priorities or what they call 303D, impaired water bodies. It is an expensive
proposition, no doubt but where it starts with each homeowner, capturing on site their
rainwater, etc, in other words, it is not enough just to put catch basins...
MR. SCHWARTZ: I am not talking about the private properties now.
SUPERVISOR RUSSELL: Unfortunately that is what, 236 does cover private
properties. We are asking everybody to be part of the solution. We can't just put catch
basins at the end of the road, we have to reduce the volume before it gets there as well.
MR. SCHWARTZ: I am against any catch basins anywhere.
SUPERVISOR RUSSELL: Well ....
MR. SCHWARTZ: There are other ways to address runoff from the road.
SUPERVISOR RUSSELL: Inaudible.
MR. SCHWARTZ: Pervious pavement etc. Regrading the road. But if we are spending
money, the town is spending money to repave the existing infrastructure which we,
hopefully recognize, was designed in an environmentally insensitive and improper
manner. And it is not a question of we don't have money to do things right, it is a
question of where is the money coming from to continue to do things wrong?
SUPERVISOR RUSSELL: You are asking us to address an issue that is raised
anecdotally. I have no idea. I know the Highway Superintendent was scheduled to meet
with the community representatives from that area to discuss drainage in its entirety, not
just repaving but drainage with the flooding and all those other things. I don't know what
is on his docket for work in the spring.
MR. SCHWARTZ: Okay, well wouldn't it be appropriate ....
SUPERVISOR RUSSELL: But you are asking us to address something that is anecdotal
at best.
MR. SCHWARTZ: Wouldn't it be appropriate to put something in this law to address
the authority of the highway department to create or to recreate infrastructure which
effectively drains stormwater into the creeks and not, and not into the aquifer where it
belongs and doesn't clean up the water but just drains the dirty water right into our
estuaries.
COUNCILMAN KRUPSKI: Well, unfortunately we are caught up in the net of this MS4
law. It is a federal law and the state is administering it. And it is something that even
Lillian didn't want to read. It is a really, it is. It is. And as a town we are required to
Chapter 236 Amendments Public Heating 8
February 14, 2012
pass this law before March, there is a deadline in early March. And we have been
working on this for probably six months to try to tailor as best we can to the town, to our
town and how we conduct business. We have had a good drainage code on the books
since 2007, it is pretty comprehensive. This doesn't change that, this really addresses
much larger projects and it will bring larger projects into review of the DEC. it is more
of a sort of coordinated drainage review with the DEC on really large, like over an acre of
clearing, that type of thing. So we are required to do this, to pass this law. I don't think,
we have been through it around and around. Our legal department has certainly done a
great job in working with the MS4 committee to try to make it fit into our town ....
MR. SCHWARTZ: I don't know if you are answering my questions or not.
COUNCILMAN KRUPSKI: I don't know ifI have a good answer for it. you know, it is
MR. SCHWARTZ: Okay, well thank you for your time.
COUNCILMAN KRUPSKI: This is what we are faced with. Take a copy, that is it.
MR. SCHWARTZ: Maybe somebody should let people watching know that this is also
available under the notices heading on the first page of the website. And put it on your
eread or whatever and study it in depth.
MS. BALL: Benja brought up something that I think is interesting in relationship to this.
I would hate to see the town get so involved with the MS4 lingo and legalese that they
forget things that are simple, like our 75 road ends that end directly into the water. I
mean, we know there are easy things we can do with that. We can do permeable
pavement, we can do plants, we can do green infrastructure that is really relatively
inexpensive and it works, so I just hope that you don't get so sidetracked by all this stuff
that you lose sight of those simple, easy things that we could be doing with grant money
or with relatively small amounts of taxpayers dollars to solve these kinds of problems at
the end of, I am not familiar with where Benja lives or the end of his street but we know
that there are a lot of road ends in this town that are badly designed from old fashioned
attitudes to drain directly into the waterways, so if we can do something like keep the
stormwater on the property owners property that is one thing but the town owns these
roads. So it is a real catch 22, it is a very difficult thing to do.
SUPERVISOR RUSSELL: Everything you are saying, though, I hear you and I
completely understand where you are coming from and I think you are exactly right.
There are plenty of solutions that can be done, it is a question of coordinating resources.
COUNCILMAN KRUPSKI: And it is every town road end, so it is not like we can fix
one and we are done. There are so many to do and also with the MS4 regulations, they
really want us to focus on impaired waterways ....
MS. BALL: Yes, I think that is the priority.
Chapter 236 Amendments Public Hearing 9
February 14, 2012
COUNCILMAN KRUPSKI: And unfortunately with the state, thc way they test the
water~vays, it is becoming more problematic. So we are trying to work on different levels
of impairment and different waterways and different solutions ....
MS. BALL: I know, I have seen the list that are the things like, like, what is the one that
Jay Bredemeyer is concerned with? Wickham creek, right?
COUNCILMAN KRUPSKI: Right. Sure.
MS. BALL: I have seen the list that show, you know, these are not impaired yet but they
are in line to be impaired waterways. It is very disturbing.
COUNCILMAN KRUPSKI: A lot of it has to do with the way they test and that is why
we are forming, one of the reasons we are forming a shellfish advisory committee, is to
work on better communication with the DEC who does the water quality testing.
Because they are the ones that have to certify the shellfish so they can be harvested. So it
all kind of ties together with that, too.
MS. BALL: And unfortunately, they now have half the workforce than they have had in
the past, so they are not able to do that and I know for Goldsmiths inlet, we requested that
they come test again. They tested in 2009 and they said sorry, we can't come back until
you can show us something has been significantly done to change the situation because
we just don't have the manpower.
SUPERVISOR RUSSELL: One of the underlying things to that is, what is the situation?
And I think that is one thing the town is looking at is why are these waterbodies
impaired? Stormwater mitigation is important but it doesn't mean that that is the culprit
in every case.
MS. BALL: No.
SUPERVISOR RUSSELL: In many circumstances and I know Kevin McAllister has
spoken of this, it is nitrate loading from our aging, failing septic systems.
MS. BALL: That is very important, Scott, I am glad you brought that up because you
know, MS4 is primarily fecal coliform, it is not nitrogen loading. You know, and those
nitrogen levels are the things that, you know ....
SUPERVISOR RUSSELL: Inaudible.
MS. BALL: The wastewater, they are really the very, very substantially dangerous things
that you know, also I might add, plants take up nitrogen and phosphorous. Those are
things that can be remedied in a very proven green infrastructure way, nitrogen is not
primarily what the TMDL's are.
Chapter 236 Amendments Public Heating
February 14, 2012
10
SUPERVISOR RUSSELL: No but it is certainly covered under the MS4 septic systems.
I mean, this is a rolling out federal law administered by the state. And all of those things
rolling out. And there will be a time where the issues of failing septic systems, aging
septic systems have to be addressed.
MS. BALL: And the day is coming, unfortunately, soon with the groundwater issues that
we are having now. So I am glad that you understand how important things are and the
road ends is really a major priority for Southold Town.
COUNCILWOMAN DOHERTY: I just want to make a comment on the road endings.
In the past few years, the Trustees have been working with DPW and Highway and the
engineers department, when the Highway or DPW goes to the road ending, the Trustees
work with them and we come up with ideas of like, pulling back the road ending and not
paving all the way to the end and doing plantings .....
MS. BALL: Right.
COUNCILWOMAN DOHERTY: It has been slow but every little bit helps. So we are
trying to do that stuff while we are working on the bigger projects.
MS. BALL: Yeah, I think that is very important to keep both balls in the air, so to speak.
Especially for situations where they, if they are reconsidering, if they are considering
repaving any area like that, it really would make sense to work in conjunction with the
town highway department to make sure that we don't go around repeating this really
mistaken, very antiquated attitude of the water just going right into the bays and creeks.
Okay. Thank you.
SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town
Board on this pmticular public hearing? (No response).
This hearing was closed at 9: 29 PM
Linda J. Cooper
Deputy Town Clerk
SOUTHOLDTOWNBOARD
PUBLIC HEAR1NG
January 31, 2012
4:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Christopher Talbot
Councilwoman Jill Doherty
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This heating was opened at 4:54 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, 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".
NOTICE IS ItERBY FURTItER GIVEN that the Town Board of the Town of
Southold will hold a public heating on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 31~t 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 in part:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~
Stormwater Management".
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 Gra~ing an~ Drainage C~ntr~.l La~v."
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.
Amendments to Chapter 236, Stormwater Management 2
January 31, 2012 Public Hearing
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:
A. 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;
B. Stormwater runoff contributes to increased quantities of water-bome
pollutants, including siltation of aquatic habitat for fish and other desirable
species and may adversely affect aquatic organisms through changes in
temperature and salinity;
C. Cleating; and grading; during construction tends to increase soil erosion and
add to the loss of native vegetation necessary for terrestrial and aquatic
habitat;
D. 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;
E. Impervious surfaces allow less water to percolate into the soil, thereby
decreasing groundwater recharg;e and stream baseflow;
F. Substantial economic losses can result from these adverse impacts on the
waters of the Town;
G. Stormwater runoff, soil erosion and nonpoint source pollution can be
controlled and minimized through the regulation of stormwater runoff from
land development activities;
H. 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
goveming 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.
Amendments to Chapter 236, Stormwater Management
January 31, 2012 Public Heating
3
§ 236-3 4. Purpose.
It is the purpose of this chapter to promote and protect, to the ~'eategt 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
objectives of this chapter are as follows:
A. Minimizing soil erosion, sedimentation and stormwater runoff;
B. Controlling, restricting or prohibiting activities which alter natural drainage
systems, floodplains, stream channels and natural protective features, including,
but not limited to, wetlands, bluffs~ dunes, beaches, natural protective features~
which contribute to the accommodation of floodwaters and retention of sediment;
C. Controlling, restricting or prohibiting land use activities which increase nonpoint
source pollution due to stormwater runoff, and/or which result in discharge onto
public lands, neighboring properties or natural protective features;
D. Assuring that land and water uses in the Town are designed and/or conducted
using best-management practices to control flooding, stormwater runoff and
minimize stormwater runoff from discharging onto public lands, neighboring
properties or natural protective features;
E. Promoting the recharge of stormwater into the freshwater aquifer to protect the
drinking water supply and minimize saltwater intrusion.
F. Meet the requirements of minimum control measures 4 and 5 of the SPDES
General Permit for Stormwater Discharges fi'om Municipal Separate Stormwater
Sewer Systems (MS4s), Permit no. GP-02-02 or as amended or revised;
G. 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 M S4s
(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 surface 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;
Amendments to Chapter 236, Stormwater Management
January 31, 2012 Public Hearing
M~. To prohibit Illicit Connections, Activities and Discharges to the MS4;
N~. To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this Chapter; and
O._:.
4
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.
The complete text of the proposed local law is available for review on the Southold
Town's website: southoldtown.northfork.net and copies are available at the Southold
Town Clerk's office during regular business hours, Monday through Friday, 8:00 AM to
4:00 PM.
A few things here, it was posted on the Town Clerk's bulletin board on January 19, 2012
and it was posted in the Suffolk Times on January 26, 2012. A letter from the LWRP
coordinator, "The proposed local law has been reviewed to chapter 268, Waterfront
Consistency review of the Town of Southold town code and the LWRP policy standards.
Based upon the information provided to this department as well as the records available
to me, it is my recommendation that the proposed action is consistent with the LWRP
policy standards and therefore is consistent with the LWRP. Pursuant to chapter 268, the
Town Board shall consider this recommendation in preparing its written determination
regarding the consistency of the proposed action." I have a letter from the Planning
Board, the chairman of the Planning Board Donald Wilcenski, "The Planning Board has
reviewed the local law in relation to amendments to chapter 236, stormwater
management and offers the following comments: 1. The Planning Board recommends
that a stormwater management officer (SMO) be designated within the Planning
Department to facilitate the processing of applications that do not require a lengthy
review. The benefits of this proposal are: a. Planning Board staff currently reviews site
plans and subdivisions for storm water best management practices making
recommendations to the Planning Board. The recommendations are discussed with the
Planning Board at length, capitalizing on their knowledge of the properties and proven
practices. B. As a part of the LWRP review process, Planning Board staff also reviews
Board of Trustees and Zoning Board of Appeals applications for storm water best
management practices making specific recommendations to the boards on storm water
controls. This process currently achieves the purpose of a SMO. C, The reviews in the
early stages of the application process provide better guidance to applicants and add
consistency to the permits issued by the discretionary boards as they move through
multiple reviews. 2. Not all applications need to be sent out of office for review. The
Planning Board feels that the experience of the members combined working with staff to
approve a stormwater management control plan could improve review time frames for
applications. In many situations, streamlined stormwater management control plans am
sufficient. Applicant input at work session and meetings also could change the proposed
best management practices required and it would be efficient to have the changes
accepted or rejected by the Planning Board. The applications that are moderate to large
in scale that require a full SWPPP would still require sending out to the town engineer.
Recommended changes to specific code section, page 25, section 236-8, storm water
Amendments to Chapter 236, Stormwater Management
January 31, 2012 Public Hearing
5
management officer and authority. The designated stormwater management officers are
the building inspector, plans reviewer, code enforcement officials, zoning inspector, town
engineer, engineering inspector and a member of the planning staff. The stormwater
management officers shall have the following authority: page 25, section 236-8
stormwater management officer and authority, A. to accept and review all stormwater
pollution prevention plans and forward such plans to the applicable municipal board. The
authority of the SMO changes the current referral process. It requires that SWPPP's
should be submitted directly to a SMO then the SWPPP is sent to reviewing boards.
Currently, the reviewing board accepts SWPPP's in the application process and refers to
the office of the town engineer, SMO as outlined in section 236-17, application process.
The planning board would like the current process to remain to achieve better record
keeping in the files and manage response times. Please amend the proposed processes to
be consistent." From the town engineers office, "My office has received a comment
related to chapter 236, it was a contractors question related to final approval of a drainage
installation. They wanted to know if final dimension locations (as-built) would be
needed. Their concern is that when a homeowner calls them to maintain existing systems
they usually need to dig up half the yard to find where it actually is. Their suggestion
was that if as-built dimensions were recorded for final approval (similar to SCHD
requirements) it would benefit everyone. There is no need for engineers or surveyors to
certify the location. The contractor can just record the dimensions from at least two
comers of the foundation or other fixed locations. I would agree with this assessment."
James Richter, office of the Engineer, Town of Southold. And finally from Suffolk
County Department of Planning, "Pursuant to the requirements of section A14-14 thru
A14-25 of the Suffolk county administrative code, the above referenced application
which has been submitted to the Suffolk County Planning Commission is considered to
be a matter for local determination as there is no apparent significant county wide or inter
community impact. A decision of local determination should not he construed as either
an approval or disapproval. And that is from Sarah Lansdale, director of planning and
Andrew Freleng, chief planner." And that is it.
SUPERVISOR RUSSELL: Would anybody like to comment on this particular public
heating? Ray?
RAY HUNTINGTON: Ray Huntington, Cutchogue. Speaking for the Fleets Neck
property owners association. We have a few comments about MS 4 and this legislation.
In particular the purpose, 26-3-4. The purpose of the clean water act is to get full use of
the surface waters, particularly the impaired water bodies. Let me first say I don't mean
to, we don't mean to minimize the work that has been put in here, it is excellent. The
morass fostered upon us by the federal government has been well mirrored. However, we
are speaking from a more practical point of view. We should make it clear in the purpose
that it is the water that counts, that is what we are really trying to change. Which the
bureaucratic nature of the requiring legislation has the clear potential to direct resources
towards the paper compliance effort ad infinitum. It also introduces a great opportunity
for error in the sense of missing the point of the whole effort and the whole investment.
That is we might forget that is the quality of the water that matters. Up front, it is
necessary, I will just go into a couple of details beyond the purpose but it just seems
Amendments to Chapter 236, Stormwater Management
January 31, 2012 Public Hearing
6
obvious to us that we need to pay more than adequate attention to determining what the
contaminants are. And reviewing all the literature that we have reviewed, nobody is quite
sure what is wrong with the water. So, is it the water fowl that is doing it? Is it the
wildlife, people, pets, what is it? There seems to be some more to go in that regard. We
need to pay particular attention to the adequacy of the regulatory testing. Is the sampling
done correctly, sufficiently, is the lab testing as required? Is the data reduced properly?
All these things are beating upon tremendous investments. And we really need to
understand the problem before we throw money at it. I would like to see that reference
included within the purpose, because the entire legislation is based upon how you run the
machine. But some place we ought to explain why we are running the machine. That is
the end of our statement for now. We would be happy to elaborate on any part of it as
we go down stream here and we hope that it can be made practical and not just a paper
exercise.
SUPERVISOR RUSSELL: Thank you.
COUNCILMAN KRUPSKI: Thank you. Although I guess we didn't really make it clear
that it is not really our machine.
MR. HUNTINGTON: Inaudible.
COUNCILMAN KRUPSKI: You are right. That is what we are struggling with, trying to
adopt EPA mandate coming through the DEC to the town level and we are struggling to
fit it into the town system.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this
particular public hearing? Pat?
PAT MOORE: I actually want to commend Ray Huntington's comments because he
really got to the heart of this, I guess my question is, what is your time frame? Have you
been given a directive that this must be adopted by a certain date?
COUNCILMAN KRUPSKI: March.
MS. MOORE: March.
COUNCILMAN KRUPSKI: I think March 9th.
MS. MOORE: Okay. And failure to adopt, what happens?
SUPERVISOR RUSSELL: Well, I think what you would see, it's a federal mandate that
is enforced by the DEC. The DEC has full force and authority to levy fines for lack of
compliance, pretty substantial fines I might add (inaudible) townships and municipalities
that don't have this in place.
Amendments to Chapter 236, Stormwater Management
January 31, 2012 Public Hearing
7
MS. MOORE: Ray points out very appropriately that this is a huge, huge pile of
legislation that really, there was an article in Newsday, I think it was, based on that one
case where the DEC was criticized for not following through on NOI's. And one of the
comments that was made in that article is that the conditions in the town are very
different between Huntington and Southold. They actually mentioned Southold. And
that is very true and it seems like we are adopting laws or these set of regulations that are
kind of generic, that don't distinguish between upstate New York issues with drainage
versus out here and how we have dealt with drainage. It is very frustrating because for
the last 20 years, every legislation, every code provision that this town has adopted has
dealt with stormwater and retention and preservation and protection of wetlands. That is
the whole point of all our regulations and to be thrown with this pile of stuff is, it is, just
overwhelming in the sense that when you read it, you know, we do conservation
subdivisions arguably when they are, the goal of conservation subdivisions are to
encourage people in a simplified process but based on your adoption of this law, the road
system for a conservation subdivision might reach that one acre threshold and sure
enough, all the efforts that we made to convince people to participate in conservation
subdivisions are going to be undone when they have to hire somebody to prepare a full
SWPPP, that's reality. And you know, a home that is over 5,000 square feet, by the time
you, large homes with garages and so on, you could easily have a 5,000 square foot
home, even out here in Southold. And that too, arguably you would have to address the
SWPPP criteria. It seems that there needs to be some form of communication with a
representative and with the powers that be that are telling you that you have to adopt this
law in toto, I am assuming that you pretty much cut and paste from the draft law that they
have sent you and just put it in here with some additional language to incorporate some of
the specifics of Southold but for the most part, this is very genetic and frustrating I think
for an attorney and land use. I read this and I think to myself, what a waste of money and
what a waste of time because it just, the process if really not commensurate with the
results. Ray points out that we don't even know what the water quality of our water
bodies are, that hasn't been determined, so to expect private people and the municipality
to invest in the cost of, most likely you are going to have to hire more people, you know
Jamie is one person but you need to have an engineer that has ability to review these
SWPPP's, I mean, if I have to pay for an engineer to prepare it and I have somebody
reviewing it, I mean, we are going to, you know, where does the argument occur with oh,
no I am right, no you are right, you know, we are going to start having issues of experts
and the challenge of experts. So it seems to me that it is a huge expense for the town, it is
a huge expense for the public and for the property owners and I would ask you please,
before you adopt this, work your magic up the ladder and try to persuade them to maybe
hold off until the DEC themselves has a better understanding of how to enforce and how
to customize and recognize the efforts that have already been adopted by the town. It is,
you know, this is Albany, well, federal government, Albany rather than on a local level
looking to see what it is that we need as far as codes. So, don't rush to adopt this if you
can. Really see what you can do to get a dispensation until there is some training and
some clarification because even the preparation of these SWPPP's, when I started
looking on the internet for programs, there are, I didn't see any. There was one program
of $1,500 that was, and I couldn't even trust the entity that was giving this program. It
sounded more like when I read it, one of these colleges that, you know, income derived
Amendments to Chapter 236, Stormwater Management 8
January 31, 2012 Public Hearing
programs to try to generate money and you know, questionable training. So please, look
into it a little more. Thank you.
COUNCILMAN TALBOT: Thank you.
SUPERVISOR RUSSELL: Who else would like to address the Town Board on this?
PAUL SILANSKY: Paul Silansky with the Fleets Neck property owners. And I would
just like to ask a question so I have something maybe to take back with me from this
meeting. We have been in line for a couple of years with requests to look at the
stormwater runoff problem in Fleets Neck, so naturally any effort that looks like it
provides a glimmer of hope to have things improved is important. We have a couple of
major problems, one, the creeks are closed to shellfishing due to the pollution that is
present and two, we have a lot of flooding on some of the roads and we kind of feel like
some of the answer lies in installing upstream catch basins if you will. And so I don't
know whether the rubber meets the road or the stormwater meets the road, what do we
tell our residents, what kind of message can we give them with some optimism that
somewhere in here are some answers where we might get some movement and what we
are concerned about is the same kind of theme that has been running through the last two
speakers is that sometimes there is a new system or a new method or a new set of
guidelines and that can delay some practical progress. So what kind of message can we
take back to our group of families on Fleets Neck?
COUNCILMAN KRUPSKI: Well, this proposed legislation takes into account the
town's drainage code and we have had a drainage code on the books since 2007 and the
Trustees adopted or the Town Board adopted before the Trustees in 2005, the drainage
requirements, currently wetland application. Every time it rains and especially on a bard
surface, a roof or a driveway, and it runs into the road, it becomes road runoff. The
whole purpose of the drainage code was that every time someone pulls a building permit,
you have got to maintain your own drainage on your own property whether it be a
driveway improvement or enlargement or addition to a home, basically it is a gutters and
drywell law. So that especially a place like down in Fleets Neck where you have good
drainage, you put your own roof runoff or driveway runoffinto the, recharge that into the
groundwater, it doesn't nm into the road and it doesn't increase the volume of water
flowing down into the creeks or straight down Pequash into the bay. So what really this
law does is address larger projects that serve more than an acre in size with a lot of detail
and a lot of expense and a lot of oversight. So the town's drainage code is still in force.
MR. SILANSKY: So then the trigger in the system primarily, and I glanced but I haven't
had time to study it but I glanced through the pages and the trigger in there, the action, is
construction or an application for plumbing or some form of development.
SUPERVISOR RUSSELL: Land disturbance.
COUNCILMAN KRUPSKI: Right.
Amendments to Chapter 236, Stormwater Management
January 31, 2012 Public Hearing
9
MR. SILANSKY: My point is, I think it reference over 13 bodies of water that are now
closed to shellfishing, so we are talking about an existing situation and you have got
runoff fi'om 300 families in the case of Fleets Neck, that all run down to two sides, one to
West creek and it just floods the roads and it floods the driveways and it is impassable by
foot, so what is the trigger in the system to get the person who is the inspector or the
individual without a building permit or something, to go there and say, you know what?
We are studying this area and prioritizing and developing some kind of remediation plan.
SUPERVISOR RUSSELL: You know, I agree and I just think there is two separate
issues. One is what is the runoff doing to the creeks and the water bodies and we are
creating the stormwater, shellfish advisor committee to help us answer that. now Ray
raised that question, is the water even polluting, what are the sources of the pollution.
We are trying to address that at the town level with DNA testing and all those other
things. The problem is the federal government and the state government aren't telling us
that we have time to do that, they are telling us that this needs to be implemented. Also I
know that you made an appointment to see the highway superintendent. Some of this
isn't necessarily stormwater mitigation in terms of, in the context of this law. There is
flood control and that is with the catch basins and everything that you seek down there,
so I am hoping that you have a fruitful meeting with the highway superintendent to
address some of those issues down there. I certainly know you have many of them. I
know that area very well.
MR. SILANSKY: I appreciate it.
SUPERVISOR RUSSELL: But I don't think this legislation is going to necessarily put
anything into place tomorrow that is going to solve the problems at Fleets Neck. To be
perfectly candid.
MR. SILANSKY: Okay. Thanks for the clarification.
SUPERVISOR RUSSELL: Who else would like to address the Town Board on this
particular local law?
TOWN ATTORNEY FINNEGAN: Can I say for the record based on the discussions
that took place at the work session today, the Planning Board comments I believe, were
discussed with the Town Board and there was the agreement that their proposed change
that was read into the record would be modified and that section 236-8 would be
amended to allow appointment of SMO's by Town Board resolution as opposed to direct
designation in the local law. So I just want that to be reflected into the record and
(inaudible) the record to Pat's concerns, the record will be left open so that comments
that were made here and others that are received in writing can be incorporated into the
law and further comment can be obtained at the next town board meeting.
SUPERVISOR RUSSELL: I also want to mention that this represents a substantial
amount of work on the part of this town. I think the cut and paste analogy is just not
appropriate to the amount, the excruciating meetings we have had over this, over the past
Amendments to Chapter 236, Stormwater Management
January 31, 2012 Public Hearing
10
year or so. The DEC is basically, has given Southold a gold star when it comes to
stormwater management, they told us in the past year, you are way ahead in the game
compared to the rest of the towns. And they have showed us a little bit of largesse here,
they only have so much room to work, within to work. They were just recently sued by
the natural resources defense counsel, that is taking them to court saying you need to go
faster, quicker. You know, they are in a tough spot like we are. We are trying to comply
with this as best we can, we are trying to figure out how we can get training to these
contractors so that you don't have to pay for these third parties, I know that that is an
expense we would all like to avoid. We are trying to do everything we can to comply
with this and at the same time what is required under state law, which is the adoption.
COUNCILMAN KRUPSKI: And we are trying to accomplish that without hiring new
personnel, which we have so far. All this work has been done in-house, through the
committee. You know, town employees.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this
particular public heating?
TOWN ATTORNEY FINNEGAN: One other revision that we discussed today was
article 5 is going to be slightly reworked and reorganized, the administration and
enforcement section. It is not so much substantive as much as form. We reviewed that
today with the Town Board and that also will be a change and we ask that the Town
Clerk re-notice those changes and they will be placed in the website prior to the next
public hearing.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Let's
close the hearing and then I will go right to you.
TOWN CLERK NEVILLE: Recess the hearing.
JUSTICE EVANS: I make a motion we adjourn the public hearing until February 14,
2012 to allow for submission of further written comments and to redirect the Town Clerk
to re-notice any revisions to the proposed local law that may be made as results of
comments made in the record of this proceeding or otherwise directed by the Town
Board.
This heating was adjourned at 5:23 PM
Southold Town Clerk
#10549
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successively, commencing on the
9th day of February, 2012.
Principal Clerk
Sworn to before me this -~/ day of -. _ 012.
LEGAL NOTICE
NOTICE OE PUBLIC HEARING
NOTICE IS HERE BY GIVEN, 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 reinfio, to Amendments to Cha_nte_r
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a second
public hearing on the aforesaid Local
Law at the Southold Town Hall, 53095
Main Road, Southold, New York, on the
14lk day of February, 2012 at 7'.36 p.m. at
which time all interested persons will be
given an opportuni~ to be heard.
The proposed Local Law entitled, "A
Lees] Law in relation to Amendanenta to
Chapter 236. Stormwater Manak~a~t '
shorcli?e ~ bthff._~ero~ion and scdi-
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being
duly sworn, says that on the ,¢' day of -,44,Z, ,2012, she affixed a notice of
which the annexed printed notice is a true copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: MS4
2nd PH 2/14/12
Sworn before me this
Notary Pul~
BO~INIEJ. DOROSK1
Nota~ Public, State Of NewYork
No. 01D06095328, Suffolk Cgunt'/
Term ExpiresJulyT, 20 {5 ,
Lind~r-'J. Cooper '
Deputy Town Clerk
SUMMARY OF LL/AMENDMENTS TO CHAPTER 236 (MS4)
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S
CONTINUED PUBLIC HEARING AMENDS CHAPTER 236 ENTITLED,
"STORMWATER MANAGEMENT." AS PREVIOUSLY NOTED AT THE
JANUARY 31, 2012 PUBLIC HEARING, THE REVISIONS TO THIS CODE
HAVE BEEN MANDATED BY NEW YORK STATE IN THE NYS DEC -NPDES
PHASE II GENERAL PERMIT AND THE GENERAL PERMIT FOR
STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES. BASED
UPON THE PUBLIC COMMENTS RECEIVED BY THE TOWN, THERE HAVE
BEEN SEVERAL REVISIONS MADE TO THE PROPOSED LOCAL LAW;
NAMELY:
SECTION 236-8 HAS BEEN REVISED TO PERMIT THE TOWN
BOARD TO DESIGNATE STORMWATER MANAGEMENT
OFFICERS (SMOS) BY RESOLUTION OF THE BOARD.
SECTION 236-9 HAS BEEN REVISED TO MIRROR THE
ENFORCEMENT SECTIONS IN ARTICLE V OF THE PROPOSED
CODE TO PERMIT THE TOWN TO INITIATE LEGAL ACTION
AGAINST ANY RESPONSIBLE PARTY, OWNER, OCCUPANT,
BUILDER, ARCHITECT, CONTRACTOR OR THEIR AGENTS THAT
PERFORM LAND DEVELOPMENT ACTIVITIES IN VIOLATION OF
CHAPTER 236.
SECTION 236-11 HAS BEEN REVISED TO REQUIRE THAT AN
APPLICANT SUBMIT AN AS-BUILT DRAWING ILLUSTRATING THE
LOCATION AND DIMENSIONS OF ANY STORMWATER
MANAGEMENT CONTROL MEASURES PRIOR TO OBTAINING A
CERTIFICATE OF OCCUPANCY.
FINALLY, ARTICLE V "ENFORCEMENT AND ADMINISTRATION"
WAS REORGANIZED FOR PURPOSES OF CLARITY AND
CONSISTENCY WITH OTHER ENFORCEMENT SECTIONS OF THE
TOWN CODE.
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAl, STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF iNFORMATION OFFICER
Town Hall, 53095 Main Road
Re Box 1179
SouLholcl, New York 11971.
Fax 1631~ 765-6145
Telephone (631 ) 765-1800
southoldtt~wn,northfbrk.not
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLI)
EM390736&10US
['ebruaD 21,2012
Express Mail
RE:
Local Law No. 3 of 2012
~['o}vn of Southold, Sufft Ik Count)'
Ms. Linda Lascb
Principal Clerk
New York State l)epartment of State
State Records & Law Boreau
()ne COlnl~ltJl'O2 Pla×a
99 Washington Avcmlc
Albany, NY 12231
I)ear Ms. Lascb:
In accordance with pro,,isions of Section 27 of fhe Municipal florae Rule Law, 1
am enclosing here~ith certified copy of l,ocal Law No..3 of 2012 of the Town of
Southold, suilable tbr IUing in your office.
I ;~ould appreciate if you would send me a receipt indicating the filing of the
enclosures in your office Thank you.
Vcr) trut.', yom's,
[onda M [).udder
Depot3 '1 ox~n Clerk
cc: q'ovm Attornc.~
RESOLUTION 2012-181
ADOPTED
DOC ID: 7613
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-181 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 14, 2012:
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" and
WHEREAS the Town Board of the Town of Southold held a second public hearing on the
aforesaid Local Law at which time all interested persons were given an opportunity to be heard,
now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 236~ Stormwater
Management" reads as follows:
LOCAL LAW NO. 3 of 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~
Stormwater Management".
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 r.__~; .... ~ r~; .... t-^.,.^, · .... ,,
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. ~r,. .... .4 ......... :~:^"~ cf
Resolution 2012-181
B~ Conflict with Other Laws.
Board M.eeting of February 14, 2012
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:
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;
Cleahng 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 sedimentation1
Impervious surfaces allow less water to percolate into the soil, thereby decreasin~
groundwater recharge and stream baseflow;
F. Substantial economic losses can result from these adverse impacts on the waters of
the Town[
Stormwatm' 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
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Resolution 2012-181 Board Meeting of February 14, 2012
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 gr~tes~ 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:
A. 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,
wetlands, bluffs, 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 discharging 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.
F. 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-
O- 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 surface waters of the State of New
York, and streambank erosion and maintain the integrity of stream channels;
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Resolution 2012-181 Board Meeting of February 14, 2012
I_. Minimize increases in pollution caused by stormwater runoff from land development
activities which would otherwise degrade local water quality.
J_. 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 runoffrates 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;
M. To prohibit Illicit Connections, Activities and Discharges to the MS4;
To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary 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. 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).
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-
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Resolution 2012-181 Board Meeting of February 14, 2012
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 W.).
APPLICANT - The person, persons or legal entity which owns or leases the property on which
the construction activity is occun-ing; 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.
D .... ,~ ....... ~ --~ ~;~;~ ~ ..... *~,~'; .... *;vities which are {ntcnded tc ....... '
BUILDING - A structure wholly or partially enclosed within exterior walls, or within exterior
and party walls, and a roof, affording shelter to persons, animals or property.
BUILDING INSPECTOR -- Tl~e persons(s) appointed by the Town Board to enforce the
provisions of Southold Code Chapter 280 and this chapter.
CHANNEL - A natural or artificial 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~ loe~ine or removing, killing, destroying,
poisoning~ ringbarking, uprooting, grubbing or burning vegetation, severing, topping or lopping
branches, limbs, stems or trunks or substantially damaging or injuring in other ways that would
cause or contribute to the death or affect the survivability and growth of vegetation. This
definition also includes removal of dead and dying vegetation.
COMBINED SEWER - A sewer that is designed to 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
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Resolution 2012-181
installation of any hardened surfaces at or below grade.
Board Meeting of February 14, 2012
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 of a facility; 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 runoffflows from
a construction site by overland flow and the first point of discharge is the specific surface
waterbodv, 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 surface 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.
EROSION - The wearing away of land as a result of the action of natural forces or man-related
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Resolution 2012-181
activities.
Board Meeting of February 14, 2012
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 surface or
subsurface conditions of upland or underwater land. ,~
FINAL STABILIZATION - That all soil disturbance activities have ceased and a uniform:
perennial vegetative cover with a density of eighty (80) percent over the entire pervious surface
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 surface 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 surface or subsurface,
which allows an illegal discharge to enter the MS4, including but not limited to:
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
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
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Resolution 2012-181 Board Meeting of February 14, 2012
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 nmoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. Illicit
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 surface exposed to stormwater from which water runs off and
cannot pass through, including but not limited to structures, paving, paving blocks, bedding
material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and
accessory structures.
INDIVIDUAL 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 surface water or
groundwater at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as hydroph,/tic
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
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Resolution 2012-181 Board Meeting o f February 14, 2012
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 surface 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 surface 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.
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):
I. 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 surface conditions, prior to clearing, regrading or construction.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, blufi} dune or wetland and the
vegetation thereon.
NATURAL WATERCOURSE - The route tbrmed 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
discemible, confined, and discrete conveyances, and shall include, but not be limited to,
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Resolution 2012-181 Board Meeting of February 14, 2012
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 surface is one that has the ability to be readily penetrated
by stormwater or other runoff. Pervious pavement mixtures contain little or no fine particles
creating a substantial void content while still maintaining its structure inteerity. 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 surfaces is typically around five (5)
gallons per square foot/per minute or higher.
PHASING - Cleating 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,
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
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Resolution 2012-181 Board Meeting of February 14, 2012
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 surfaces or in water channels.
SEDIMENT CONTROL - Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS - Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern
species.
SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and
grading to facilitate construction or other use of the land.
STATE POLLUTANT DISCHARGE 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
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.
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Resolution 2012-181 Board Meeting of February 14, 2012
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, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT - A land use or activity that generates higher concentrations of
pollutants of concern or toxicants than are found in typical stormwater runoff, based on
monitoring studies.
STORMWATER MANAGEMENT - The use of structural or non-structural practices that are
designed to reduce stormwater runoffand mitigate its adverse impacts on property, natural
resources and the environment.
STORMWATER MANAGEMENT CONTROL PLAN - The plan required by the Town to
comply with the provisions of this Chapter. For the purposes of this Chapter, a Stormwater
Pollution Prevention Plan, when required by the Department's regulations, will qualify as a
Stormwater Management Control Plan.
STORMWATER 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 stonnwater pollution prevention plans, forward the plans to the
applicable municipal board and inspect stormwater management practices
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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 runoffand 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, dyers, 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 surface water, natural or artificial, inland or coastal, fresh or salt, public or private
(except those private waters that do not combine or effect a junction with natural surface or
underground waters), which are wholly or partially within or bordering the State or within its
jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons
which also meet the criteria of this definition are not waters of the State. This exclusion applies
only to manmade bodies of water which neither were originally created in waters of the State
(such as a disposal area in wetlands) nor resulted from impoundment of waters of the State.
Waters of the State are further defined in 6 NYCRR Parts 800-941.
TEMPORARY STABLI1ZATION - 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., iute twisted yam, 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 DALLY 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 TMDI,
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
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Resolution 2012-181 Board Meeting of February 14, 2012
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.
WATERCOURSE - A permanent or intermittent stream or other body of water, either natural or
man-made, which gathers or carries surface water.
WATERWAY - A channel that directs surface runoff to a watercourse or to the public storm
drain.
§ 236-5 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 surface and all land~lo,~.~*"~'~--v...~, 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
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Resolution 20I 2-181 Board Meeting of February 14, 2012
proposed to be listed, endangered or threatened species, or its critical habitat.
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.
Land Development activities for residential, commercial and institutional projects
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 on the USDA Soil Survey for
Suffolk County.
Land development activities for linear transportation projects and linear utility
projects 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.
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.
§236-7. Performance and design criteria for stormwater management and erosion and
sediment control.
All land development activities shall be subject to the following performance and design criteria:
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.
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:
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
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Resolution 2012-181 Board Meeting o f February 14, 2012
equivalence to the technical standards set forth in §236-7 (A) and the SWPPP shall be
prepared by a design professional.
Water Quality Standards: Any land development activity shall not cause or contribute to
a violation of water quality standards as contained in Parts 700 tbxough 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 surface waters of the state of New York1
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 authori~.
The Town Board shall designate Stormwater Management Officers by resolution. The
Stormwater Management Officers shall have the following authority:
To accept and review all stormwater pollution prevention plans and approve such plans
prior to the approval of any municipal board.
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 Qualified 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.
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 an,/sediment traps or sediment ponds whenever their design
capacity has been reduced by fifty (50%) percent.
For land development activities as defined in Article III, §236-19, the applicant
shall have a qualified professional conduct site inspections and document the
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Resolution 2012-181 Board Meeting of February 14, 2012
effectiveness of all erosion and sediment control practices every seven (7) days
and within 24 hours of an,/storm event producing 0.5 inches of precipitation or
more. Inspection reports shall be maintained in a site log book.
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 stonnwater management facility as one of the
requirements, the applicant or developer must execute a maintenance easement
agreement that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the facility at reasonable
times for periodic inspection by the Town of Southold to ensure that the facility is
maintained in proper working condition to meet design standards and any other
provisions established by this local law. The easement shall be recorded by the 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.
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:
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.
Written procedures for operation and maintenance and training new maintenance
personnel.
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
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Resolution 2012-181 Board Meeting of February 14, 2012
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 against
any responsible party, owner, occupant, builder, architect, contractor or their agents, or
any other person undertaking land development activities regulated under Articles II
and/or III 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 following 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 desiguated within the
SWMPP as draining into the MS4 and subsequently discharges into the surface waters of the
State directly or through other MS4s:
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. fi. and are performed to
maintain the original line and grade, hydraulic capacity or original purpose ora facility.
Repairs to any stormwater management practice or facility deemed necessary by the
Stormwater Management Officer.
Any part of a subdivision road and drainage plan ifa 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.
F~. Individual cemetery grave sites in a developed or pre-existing cemetery.
G~. Installation of fence, 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.
J_. Landscaping and horticultural activities in connection with an existing structure, with a
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Resolution 2012-181
disturbance of less than 5,000 sq. ft. of land.
Board Meeting of February 14, 2012
Minor cleating 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 objects, 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 tights-of-
way where intehm and permanent stormwater runoff control measures will be
undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer
and method of filtering and slowing stormwater flow from road surfaces.
Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge
of groundwater.
§ 236-14 11. Approved plans.
Plans approved by the Building Inspector in conjunction with the issuance ofa ~ ....... '~
v ........................................ ~ ................. ~, .......... v ..... budding permit with
an approved Stormwater Management Control Plan are binding as against future purchasers,
granting the Town permission to enter the property for compliance enforcement purposes, and
containing a summary of the plan's requirements. Prior to obtaining a certificate of occupancy
from the Building Inspector, an as-built drawing illustrating the as-built location and dimension
of any stormwater management control measures from at least two comers of the foundation of
the principal structure or other fixed locations shall be submitted to the Building Inspector.
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 tbr 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 thereof.
Upon its review of an application tbr 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 SMO deems appropriate in connection with its approval of
the proposed Amendment.
C. The applicant must keep the SWPPP current so that it at all times accurately documents
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Resolution 2012-181 Board Meeting o f February 14, 2012
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 by the Qualified Inspector, the Department, the Town, or other regulatory
authority.
The Department or SMO may notify an applicant at any 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 identify the provisions of the SWPPP that require
modification. Within fourteen (14) calendar days of such notification, or as otherwise
indicated by the SMO, 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 may revoke the SMO approval.
ARTICLE 11
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.
B. Maintaining private roads, streets, driveways, parking lots and walkways.
Identifying and eliminating unauthorized connections to Town drainage control systems
and public rights-of-way.
D. Maintaining and protecting natural drainage patterns.
E. Maintaining and protecting natural watersheds.
Identifying and eliminating stormwater that is generated by 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 surfaces shall provide
temporary and permanent construction controls and shall be required to contain a two-inch
rainfall on site, even where an dmmage-eomm~ approval of the SMO pent, it is not required under
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Resolution 2012-181 Board Meeting of February 14, 2012
this chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the
~ SMO that the proposed activities can meet this standard, either by the
installation of gutters, leaders, drywells or other measures, prior to the issuance of such a
municipal permit.
§ 236 I0 __15. Act~wt~es' .... requlnng n..: ....... ....... ~, ......... +-~ stormwater management control
approval. ~. .......
None of the following activities shall be undertaken until an dra/nage cgntr,~! approval of the
SMO pem~ has been issued under the provisions of this chapter.
Clearing, grubbing, grading or stripping which affects more than 5,000 square feet of
ground surface.
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.
D. 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 resurfaced impervious surfaces of 1,000 sq. fl. 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.
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Resolution 2012-181 Board Meeting of February 14, 2012
§ 236-t4 16. Compliance.
............... *. ......... v ........... -~ ...... ~ ..... c t~, All development,
construction, excavation and landscaping activities regulated by this Chapter shall be
conducted in accordance with an approved ........ , ..................................... off
........ v,--, ............... -~ ....................... v,~- Stormwater Management Control
Plan.
Where a Trustee pe.'-mk, subdivision plat or site plan approval has been obtained and
drainage has been addressed to the satisfaction of the SMO, the Building In:pector SMO
may consider such approval in satisfaction of these requirements. ,-er, c-ept-th~ However,
ail 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 pem~ 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
reqmre a ....... r~-, control Stormwater Management Control approval w-'-m~t shall also
submit am Stormwater Management Control Plan .... ; .... -~-'~*; .... ,~ o* ...... ,~-
..,v..l"r ~-~,·.,~ v,~^--+'"l V .... to the ~ ~-~,..~,u";"~;"" ..·or~.v.~ ..... *^- Board/Town Department reviewing the
municipal approval application.
Upon receipt bythe m.;~a:.~ ~ ..... ,^_ - ·
........ o -,or ..... Board/Town Department rewew~ng the ~r ....
apphcatlon ........... ~ ......................~ ........ · ·
....... ~ ........ Control ........
conduct any activity re~lated by this chapter, the ........ ~ -,,~v ..... Board/Town
D~aament reviewing the m~icipal approval application shall may refer the proposed
........ , ................. , ................................ v ....Sto~water M~agement
Control Plan to the Town Enginee~ng Depa~ment SMO for cogent and
recommendation. No mumc~pal approval v ............ shall be issued for activities
requiring a ....... ~ ......... Sto~water M~agement ConSol approval ~, nor shall
any application therefor be deemed complete, until the m,a~;-. ~ ..... , SMO has have
first issued his or her approval of the .... ~ .... ~:~*~" .... ~ ~, ......
........ plan Sto~water Management ConWol PI~.
Such plan shall ma;,' contain the following elements where required by the SMO, which
may be integrated into a site plan or subdivision plat submitted for approval pursuant to
applicable Town law:
(1)
A vicinity 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 surroundings.
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Resolution 2012-181
(2)
Board Meeting of February 14, 2012
A plan of the site drawn to a scale of not less than 60 feet to the inch showing the
location and description of property 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, topography including
existing contours with intervals of not more than five feet where the slope is 10%
or greater 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
high water table and a copy of the Soil Conservation District soil survey. ,0aher~
(3)
Background information about the scope of the project 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;
(b 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;
All temporary and permanent stormwater runoff control measures
identified as to the type of facility, 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'~'~ ~on~ tc **.8,_~ *-~w .... .,.c
(i' 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 ~) The existing and final contours of the site at intervals of~
two r~,.~ not more than 5 feet where the slope is 10% or greater and not
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Resolution 2012-181
Board Meeting of February 14, 2012
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.
(6)
Description of pollution prevention measures that will be used to control litter,
construction chemicals and construction debris from becoming a pollutant source
in stormwater runoff.
(7)
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 minimum
(8)
(9)
(10)
(11)
time frames that each practice should remain in place or be implemented.
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
Specifications tbr 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 oft-site surface 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 adjacont 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.
(12) Temporary practices that will be converted to permanent control measures.
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Resolution 2012-181 Board Meeting of February 14, 2012
(13) 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.
(14) Maintenance schedule to ensure continuous and effective operation of the erosion
and sediment control practices.
(15) Name(s) of the potential surface waters of the State of New York and/or the
receiving MS4.
(16) Delineation of Stormwater Management Control Plan implementation
responsibilities for each part of the site.
(17)
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.
(18) Any 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 !2 18. Performance standards for approval of
o* ....... ~ ....... ** ~--~ ~--~ 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 t~ 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 welfare of neighboring property owners and the general public.
Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and
after site preparation and construction. During grading operations, appropriate measures
for dust control shall be undertaken.
Areas exposed by site preparation shall be protected during site construction with hay
bales, silt fencing, temporary vegetation and/or mulching to meet the requirements of the
NYSDEC cr~r~e ....... :- .,,,oct 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 surface
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Resolution 2012-181 Board Meeting of February 14, 2012
waters of the State of New York as defined herein weflm~, 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 ~ 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 cleating, construction
and restoration.
Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable.
During the interim, erosion protection measures such as temporary vegetation, retention
ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that
sedimentation is minimized and mitigated.
In no case shall stormwater be diverted to another property either during site preparation
or after development. In appropriate cases, with the approval of the Superintendent of
Highways, drainage control measures may be implemented in the right-of-way attendant
to an adjacent Town highway, at the applicant's expense.
During the construction period, disposal of stormwater runoff generated by development
activity shall be handled on site. Baling, mulching, debris basins, silt traps, 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 buffer zone along water bodies, including wetlands and marshes, if one
is-imposed 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.
L. Site designs shall minimize impermeable paving.
Stormwater runoff shall not be directly discharged to surface waters, marghcg and
wetland: of the State of New York as defined herein. Stormwater pollutants shall not be
discharged directly into a surface water of the State of New York as defined herein
~ 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
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Resolution 2012-181 Board Meeting of February 14, 2012
Chapter 275 ........... - · - ,,~,,~:~ n.~ ,~ r,^~,~ ~c'r~,~,~ 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.
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, ~"~';~* '^ ~*' ......... ~ ^c ~.~ o~.~ ^c ~-~.~,~ y b
o~,o ..........vv .......................... as ma e 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 .majer 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 surfaces within these areas exists, such facilities shall be sited and
constructed to minimize and mitigate the amount and velocity of stormwater entering the
channel, floodplain or swale and to approximate the ohginal 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 ~,
except accessways to shorelines approved by the Board cf Tr'astees shall bc permitted ~y
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-beating 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
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Resolution 2012-181 Board Meeting of February 14, 2012
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 r~,,a~:~,
!n:Fcctor Stormwater Management Officer, and no later than the ~
......... v-, v ........................ time limits specified by the Stormwater Management
Officer or noted in the Stormwater Management Control Plan.
ARTICLE III
ADDITIONAL REQUIREMENTS
§236-19. Activities covered.
Construction activities that discharge or potentially discharge stormwater to surface
waters, whether directly or via an MS4, and that fall within any one of the below
categories will require the submission of a SWPPP as set forth in §236-20(C)(1) of this
chapter which includes only erosion and sediment controls.
Construction activities that involve soil disturbance of one (1) or more acres of
land, but less than five (5) acres:
(a)
Single-family residential subdivisions with 25% or less impervious cover
at total site build-out[
(b)
Construction of a barn or other agricultural building, silo, stock yard or
pen; and
(c)
Single-family homes that do not meet any of the thresholds set forth in
§236-19(B).
The following construction activities that involve soil disturbances of one (1) or
more acres of land:
(a)
Installation of under~ound, linear utilities, such as gas lines, fiber-optic
cable, cable TV, electric, telephone, sewer mains, and water mains;
(b)
Environmental enhancement projects, such as wetland mitigation projects,
stormwater retrofits and stream restoration projects;
(c) Bike paths and trails;
(d)
Sidewalk construction projects that are not part of a road/highway
construction or reconstruction project;
(e) Slope stabilization projects;
(f) Slope flattening that changes the grade of the site, but does not
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Resolution 2012-181
Board Meeting of February 14, 2012
significantly change the runoff characteristics;
(g) Spoil areas that will be covered with vegetation;
(h)
Land cleating and grading for the purposes of creating vegetated open
space (i.e., recreational parks, lawns, meadows, fields), excluding projects
that alter hydrology from pre to post development conditions;
(i)
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;
(j)
Demolition project where vegetation will be established and no
redevelopment is planned;
(k)
Overhead electric transmission line project that does not include the
construction of permanent access roads or parking areas surfaced with
impervious cover; and
(l)
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 surface
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:
(iA
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.
Stormwater runoff from land development activities disturbing five (5) or more
acres.
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.
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
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Resolution 2012-181
(GP-0~ 10-001), as amended.
Board Meeting of February 14, 2012
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.
§236-20. Application process.
Any applicant for an activity that requires approval of the SMO 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 SMO, nor shall any application therefore be deemed complete until the
SMO has issued an approval of the SWPPP and has issued a formal SWPPP Acceptance
Form.
C. SWPPP Requirements.
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:
Information on whether the stormwater discharge or land
development activities would have an effect on a property (historic
or archeologlcal 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
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Resolution 2012-181
Board Meeting of February 14, 2012
State Office of Parks, Recreation and Historic Places (OPRHP)
online resources located on their website;
(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.
(d)
A description of the soil(s) present at the site, including an identification
of the Hydrolic Soil Group (HSG);
(e)
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;
(g)
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 f¥om
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;
(h)
An operations and maintenance plan that includes inspection and
maintenance schedules and actions to ensure continuous and effective
operation of each post-construction stormwater manaaement 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:
Description of each post-construction stormwater management practice to
be constructed as part of the project;
Site map/construction drawing(s) showing the specific location(s) and size
(s) of each post-construction stormwater management practice;
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Resolution 2012-181
Board Meeting of February 14, 2012
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;
(f)
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 at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer of
title to the property.
(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:
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.
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 fi.om the date the soil disturbance
activity ceased. The soil stabilization measures selected shall be in contbrmance
with the most current version of the technical standard, New York State Standards
and Specifications for Erosion & Sediment Control.
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Resolution 2012-181 Board Meeting of February 14, 2012
The applicant shall prepare a phasing plan that defines maximum disturbed area
per phase and shows required cuts and fills.
The applicant shall install any additional site specific practices needed to protect
water quality.
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.
G. Performance Guarantee.
Construction Completion Guarantee. In order to ensure the full and faithful
completion of all land development activities related to compliance with all
conditions set fbrth 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 facility(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.
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 fails to properly
operate and maintain stonnwater 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.
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Resolution 2012-181
Board Meeting of February 14, 2012
Recordkeeping. The Town may require entities subiect to this law to maintain
records demonstrating compliance with this law.
Submission of Reports. The SMO may require monitoring and reporting fi.om 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).
Stormwater Management Practice Inspections.
The Town's SMO is responsible for conducting inspections of stormwater management
practices (SMPs). All applicants are required to submit "as built" plans for any
stormwater management practices located on-site after final construction is completed.
The plan must how the final design specifications for all stormwater management
facilities and must be certified by a professional engineer.
§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.
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.
C~. 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:
"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
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Resolution 2012-181 Board Meeting of February 14, 2012
Discharge F]imination 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.
§236-24. Inspection ofstormwater facilities after proiect completion.
Inspection programs shall be established on any reasonable basis, including but not limited to:
routine inspections; random inspections; inspections based upon complaints or other notice of
possible violations; inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections of businesses or industries
of a type associated with higher than usual discharges of contaminants or pollutants or with
discharges ora 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.
ARTICLE IV
ILLICIT DISCHARGES
§ 236-25. Discharge prohibition.
A~. 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 §236-25A below.
The commencement, conduct or continuance of any illegal discharge to the MS4 is
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Resolution 2012-181
prohibited except as described as follows:
Board Meeting of February 14, 2012
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,
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.
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.
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.
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.
The construction, use, maintenance or continued existence of illicit connections to
the MS4 is prohibited.
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.
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.
§236-26. Prohibition against failing individual sewage treatment systems.
No persons shall operate a failing individual sewage treatment system in areas tributary
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Resolution
Board Meeting of February 14, 2012
to the municipality's MS4. A failing individual sewage treatment system is one which
has one or more of the following conditions:
1_. The backup of sewage into a structure.
2_. Discharges of treated or untreated sewage onto the ground surface.
3_:. A connection or connections to a separate stormwater sewer system.
4_. Liquid level in the septic tank above the outlet invert.
5_. 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.
6_. Contamination of off-site surface and groundwater.
B~. Any failing individual sewage system shall be remedied to the satisfaction of the SMO.
§236-27. Prohibition against activities contaminating 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-
26, improper management of pet waste or any other activity that causes or contributes to
violations of the municipality's MS4 SPDES permit authorization.
C~. 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.
§236-28. Requirement to prevenh control and reduce stormwater pollutants by the use of
best management practices.
Best Management Practices: Where the SMO has identified illicit discharges as defined
in §236-5 or activities contaminating stormwater as defined in Section 236-27 the
municipality may require implementation of Best Management Practices (BMPs) to
control those illicit discharges and activities.
The owner or operator of a commercial or industrial establishment shall provide,
at their own expense, reasonable protection from accidental discharge of
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Resolution 2012-181 Board Meeting of February 14, 2012
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 §236-27, may be required to implement, at said person's
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 authorizin~
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 bein~
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 requirmnent shall apply.
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 laver 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
2L~ Repair or replace individual sewage treatment systems as follows:
In accordance with 10NYCRR Appendix 75A to 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:
6.) Relocating or extending an absorption area to a location not
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Resolution 2012-181
previously approved for such.
Board Meeting of February 14, 2012
(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.
§236-29. Suspension of access to MS4 (illicit discharges in emergency situations).
The SMO may, without prior notice, suspend MS4 discharge access to a person when
such suspension is necessary to stop an actual or threatened discharge which presents or
may present imminent and substantial danger to the environment, to the health or welfare
of persons, or to the MS4. The SMO shall notify the person of such suspension within a
reasonable time thereafter in writing of the reasons for the suspension. If the violator fails
to comply with a suspension order issued in an emergency, the SMO may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to
persons.
Suspension due to the detection of illicit discharge. Any person discharging to the
municipality's MS4 in violation of this law may have their MS4 access terminated if such
termination would abate or reduce an illicit discharge. The SMO will notify a violator in
writing of the proposed termination of its MS4 access and the reasons therefor. The
violator may petition the SMO in writing for reconsideration. Access may be granted by
the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken
steps to prevent its recurrence. Access may be denied if the SMO determines in writing
that the illicit discharge has not ceased or is likely 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 SMO.
§236-30. Industrial or construction activity discharges.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit
shall comply with all provisions of such permit. Proof of compliance with said permit may be
required in a form acceptable to the municipality prior to the allowing of discharges to the MS4.
,~236-31. Access and monitoring of discharges.
Applicability. This section applies to all facilities that the SMO must inspect to enforce
any provision of this Law, or whenever the authorized enforcement agency has cause to
believe that there exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this Law.
B Access to Facilities.
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Resolution 2012-181 Board Meeting of February 14, 2012
(1) The SMO shall be permitted to enter and inspect facilities subject 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 SMO.
Facility operators shall allow the SMO ready access to all parts of the premises
for the purposes of inspection, 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 subject to this law
such devices as are necessary in the opinion of the SMO to conduct monitoring
and/or sampling of the facility's stormwater discharge.
The municipality has the right to require the facilities subject 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.
(5)
Unreasonable delays in allowing the municipality access to a facility subject to
this law is a violation of this law. A person who is the operator of a facility
subject 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 SMO 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 SMO may
seek issuance of a search warrant from any court of competent jurisdiction.
§236-32. 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 dischar~ng 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 tbe
occurrence via emergency dispatch services. In the event of a release of non-hazardous materials,
said person shall notify the municipality in person or by telephone or facsimile 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
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Resolution 2012-181 Board Meeting of February 14, 2012
discharge and the actions taken to prevent its recurrence. Such records shall be retained for at
least three years.
ARTICLE V
ADMINISTRATION & ENFORCEMENT
§236-33. Enforcement.
Enforcement. The Office of Code Enforcement, 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.
§236-34. All stormwater discharges.
Stormwater discharges that are regulated under Article II and III of this chapter are subiect to the
following:
Erosion and Sediment Control Inspection. The Office of Code Enforcement or Building
Inspector ma,/require such inspections as necessary to determine compliance with this
law and may either approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this law and the stormwater
pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the Town's Building Inspector at least 48 hours before any of the following
as required by the SMO:
(i) installation of sediment and erosion control measures;
start of site clearing;
(iii) start of rough grading;
(iv) start of construction[
(v) close of the construction season[
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Resolution 2012-181
(vi)
completion of final landscaping; and
Board Meeting of February 14, 2012
(vii) successful establishment of landscaping in public areas.
Restoration. Any clearing, excavation or development of land in violation of this chapter
shall be corrected forthwith after written notice by the Office of Code Enforcement or
Building Inspector. In the event that corrective action is not taken as directed within a
reasonable time, the Town may, at its own expense, take corrective action to restore the
property or initiate legal action to prevent unlawful or unauthorized activity. The cost of
restoration shall become a lien upon the property upon which such unlawful activity
occurred.
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
............. ., ..... completed to the satisfaction of the SMO.
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-misdemeam~ an offense, 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 subject to the following:
Notice of Violation.
When the Office of Code Enforcement or Building Inspector finds that an*/responsible
party, owner, occupant, builder, architect, contractor or their agents, or an,/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:
(11 The elimination of illicit connections or discharges;
(2/ That violating discharges, practices, or operations shall cease and desist;
30_1 The abatement or remediation of stormwater pollution or contamination hazards
and the restoration of any affected property;
The performance of monitoring, analyses, and reporting;
Payment of a fine; and
The implementation of source control or treatment BMPs. If abatement ora
violation and/or restoration of affected property is required, the notice shall set
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Resolution 2012-181 Board Meeting of February 14, 2012
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 desi~ated
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 falsifying information in connection with the requirements of this chapter,
upon conviction, shall be guilty of an offense, punishable by a fine of not less than
$1,000 and not more than $5,000. Such person shall be deemed guilty of a separate
offense for each day during which a violation of this chapter is committed or continues.
Corrective Measures.
If the violation has not been corrected pursuant to the requirements set forth in the
Notice of Violation, then the Office of Code Enforcement or Building Inspector
shall request the owner's permission for access to the subject 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 Office of Code Enforcement
or Building Inspector may seek a warrant in a court of competent jurisdiction to
be authorized to enter upon the property to determine whether a violation has
occurred. Upon determination that a violation has occurred, the Office of Code
Enforcement or Building Inspector may seek a court order to take any and all
measures reasonably necessary to abate the violation and/or restore the property.
The cost of implementing and maintaining such measures shall be the sole
responsibility of the discharger.
Injunctive Relief.
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 Town may petition for a preliminary or permanent iniunction
restraining the person from activities which would create further violations or compelling
the person to perform abatement or remediation of the violation.
§236-36. 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.
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§144-8. Building permit required; application for permit.
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Resolution 2012-181
C. Applications.
Board Meeting of February 14, 2012
(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:
(m)
A Stormwater Management Control Plan consistent with the requirements
of Chapter 236, Stormwater Management, of this Code, if required. The
Stormwater Management Control Plan shall meet the performance and
design criteria and standards in Chapter 236, Stormwater Management.
III. 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
with the Town Clerk of the Town of Southold an application in duplicate for such permit,
which shall set forth and include:
A Stormwater Management Control Plan consistent with the requirements of
Chapter 236, Stormwater Management, 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 237 of the Code of the Town of Southold is hereby amended as tbllows:
{}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 Management, of this Code, if required. The Stormwater Management
Control Plan shall meet the performance and design criteria and standards in Chapter 236,
Stormwater Management.
G. II. Such other information as the superintendent shall deem pertinent to effectuate the
purposes of this article.
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Resolution 2012-181 Board Meeting of February 14, 2012
V. 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.
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."
VI. 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
Town Board of the Town of Southold. The permit issued by the Town Board shall be subject 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 heating.
VII. 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 Management, of this Code, if required. The Stormwater
Management Control Plan shall meet the performance and design criteria and
standards in Chapter 236, Stormwater Management.
VIII. 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:
A Stormwater Management Control Plan consistent with the requirements of
Chapter 236, "Stormwater Management", of this Code. The Stormwater
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Resolution 2012-181 Board Meeting of February 14, 2012
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.
IX. 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.
X. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [6 TO 0]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
NAYS: None
Updated: 2/15/2012 8:31 AM by Lynda Rudder Page 46
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY~ NY 12231
(Use this form to tile a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not usc italics or underlining to indicate new matter.
51 County
rn City
[] Town of SOUTItOLD
[] Village
Local Law No. 3 of the year 2012.
A Local Law entitled, A Local Law in relation to Amendments to Chapter 236, Stormwater Management
Be it enacted the Town Board of the:
51 County
[] City
[] Town of SOUTItOLD
rn Village
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.
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 M S4s (GP-02-02), as amended or
revised, and the corresponding regulations, the most restrictive or that imposing the highest standards shall
govern.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.05/05)
236-3. Findings of fact.
It is hereby determined that:
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 surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and
stream baseflow;
F. 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.
J. Illicit discharges threaten water quality through the introduction of toxic and hazardous substances.
§ 236-4. Purpose.
It is the purpose of this chapter to promote and protect, to the maximum extent practicable, the public health, safety and
general welfare by: (i) establishing minimum stormwater management requirements and controls; (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 objectives of this chapter are as follows:
A. 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, wetlands, bluffs, 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;
2
Assuring that land and water uses in the Town are designed and/or conducted using best-management practices to
control flooding, stormwater runoff and minimize stormwater runoff from discharging onto public lands,
neighboring properties or natural protective features;
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 surface 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;
M. To prohibit Illicit Connections, Activities and Discharges to the MS4;
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary 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.
§ 236-5. 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).
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,
3
· 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., i0 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 watem, or
stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control
site runofI; spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
BUILDING - A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof,
affording shelter to persons, animals or property.
BUILDING iNSPECTOR -- The persons(s) appointed by the Town Board to enforce the provisions of Southold Code
Chapter 280 and this chapter.
CHANNEL - A natural or artificial 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
alnendxnents thereto.
CLEARiNG - Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, fingbarking,
uprooting, grubbing or burning vegetation, severing, topping or lopping branches, limbs, stems or trunks or substantially
damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of
vegetation. This definition also includes removal of dead and dying vegetation.
COMBINED SEWER - A sewer that is designed to 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 surfaces at or below
grade.
CONSTRUCTION ACTiVITY - (1) Activities involving land disturbance of 5,000 sq. fi. or more including disturbances
of less than 5,000 sq. fi. that are part of a larger common plan of development that will ultimately disturb 5,000 or more
sq. fi. of land; excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility; 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 projects 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.
4
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 surface 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 surface
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.
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 surface or subsurface conditions of upland
or underwater land.
FINAL STABILIZATION - That all soil disturbance activities have ceased and a uniform, perennial vegetative cover with
a density of eighty (80) pement over the entire pervious surface 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 surface or subsurface conditions of land, lakes, ponds, or
watercourses.
HAZARDOUS MATERIALS - Any material, including any substance, waste, or combination thereof, which because of
5
· 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 surface or subsurface, which allows an illegal
discharge to enter the MS4, including but not limited to:
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 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 surface exposed to stormwater from which water runs off and cannot pass through,
including but not limited to structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof
structures, patios, decking, stoops, porches, and accessory structures.
INDIVIDUAL 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
commemial industry or group of industries which regulates the pollutant levels associated with industrial stormwater
discharges or specifies on-site pollution control strategies.
iNFILTRATION - The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND - An area that is inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
LAND DEVELOPMENT ACTIVITY - Construction activity including clearing, grading, excavating, soil disturbance or
placement of fill that results in land disturbance of equal to or greater than 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
6
*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 armouncement 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 surface 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 am estuaries, bays, creeks, lakes and streams that fall short of state
surface 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.
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 surface
conditions, prior to clearing, regrading or construction.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, blurt'; dune or wetland and the vegetation thereon.
NATURAL WATERCOURSE - The route formed by natural processes, topography and geolog~ 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 surface is one that has the ability to be readily penetrated by stormwater or other
runoff'. Pervious pavement mixtures contain little or no fine particles creating a substantial void content while still
maintaining its structure integrity. Aggregate materials typically consist of #1 or #2 rounded "rock like" fragments using
sufficient approved cementitious materials, paste or bonding agents to permanently fasten aggregate particles together to
7
~create a system of highly permeable, intemonnected voids that freely drain. Typically, between 15% and 25% of
intemonnected voids are required for consideration as a pervious pavement. The flow rate of water through pervious
surfaces 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, 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 surfaces or in water channels.
SEDIMENT CONTROL - Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS - Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply
reservoirs, habitats for threatened, endangered or special concern species.
SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate
construction or other use of the land.
STATE POLLUTANT DISCHARGE 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
8
'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 Environmental Protection Agency (EPA) established water quality standards and/or to
specify stormwater control standards.
SPECIAL CONDITIONS -
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.
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.
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.
The condition in the Town's MS4 permit that applies if a 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, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT - A land use or activity that generates higher concentrations of pollutants of concern or
toxicants than are found in typical stonnwater 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 of
this Chapter. For the purposes of this Chapter, a Stormwater Pollution Prevention Plan, when required by the
Department's regulations, will qualify as a Stormwater Management Control Plan.
STORMWATER MANAGEMENT FACILITY - One or a series of stormwater management practices installed, stabilized
and operating for the purpose of controlling stormwater runofl~
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
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 soume 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 surface water, natural or artificial, inland or coastal, fresh or salt, public or
private (except those private waters that do not combine or effect a junction with natural surface or underground waters),
which are wholly or partially within or bordering the State or within its jurisdiction. Storm sewers and waste treatment
systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the State.
This exclusion applies only to manmade bodies of water which neither were originally created in waters of the State (such
as a disposal area in wetlands) nor resulted from impoundment of waters of the State. Waters of the State am 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.
WATERCOURSE - A permanent or intermittent stream or other body of water, either natural or man-made, which gathers
or carries surface water.
WATERWAY - A channel that directs surface runoff to a watercourse or to the public storm drain.
§ 236-6. Applicability and prohibitions.
This chapter shall apply to all property within the Town of Southold and shall govern:
A. Applicability
10
1. All grading, drainage and erosion control, whether or not a permit is required;
2. All new or replaced impervious surface and all land 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 non-stormwater 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 projects 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 on the USDA Soil Survey for Suffolk County.
7. Land development activities for linear transportation projects and linear utility projects 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.
§236-7. Performance and design criteria for stormwater management and erosion and sediment control.
All land development activities shall be subject to the following performance and design criteria:
A. 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:
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: Any land development activity shall not cause or contribute to a violation of water
quality 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:
There shall be no increase in turbidity that will result in substantial visible contrast to natural conditions
in surface 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
3. There shall be no residue from oil and floating substances, nor visible oil film nor globules of grease.
§ 236-8. Stormwater Management Officer and authofity.
The Town Board shall designate Stormwater Management Officers by resolution. The Stormwater Management Officers
shall have the following authofity:
To accept and review all stormwater pollution prevention plans and approve such plans prior to the approval of
any municipal board.
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.
C. Accept the certification of a Qualified 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.
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 flay (50%)
percent.
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.
12
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 facility as one of the requirements, the applicant or developer must execute a
maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the facility at reasonable times for periodic
inspection by the Town of Southold to ensure that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this local law. The easement shall be recorded by the
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 ora modified plan in
order to maintain compliance with this chapter.
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:
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.
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 against any
responsible party, owner, occupant, builder, architect, contractor or their agents, or any other person undertaking
land development activities regulated under Articles II and/or III 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 following 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:
Agricultural production as defined in this Chapter. However, this exemption does not extend to the operation ora
dude ranch or similar operation or to the construction of new structures associated with agricultural production.
C.
D.
E.
F.
G.
H.
I.
J.
K.
Routine maintenance activities that disturb less than 5,000 sq. fi. and are performed to maintain the original line
and grade, hydraulic capacity or original purpose of a facility.
Repairs to any stormwater management practice or facility 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.
Individual cemetery grave sites in a developed or pre-existing cemetery.
Installation of fence, 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 objects, 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 stom~water runoff control measures will be undertaken. To the maximum extent practicable,
vegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces.
Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge of groundwater.
§ 236-11. Approved plans.
Plans approved by the Building Inspector in conjunction with the issuance of a building permit with an approved
Stormwater Management Control Plan are binding as against future purchasers, granting the Town permission to enter the
property for compliance enfomement purposes, and containing a summary of the plan's requirements. Prior to obtaining a
certificate of occupancy from the Building Inspector, an as-built drawing illustrating the as-built location and dimension
of any stom~water management control measures from at least two comers of the foundation of the principal structure or
other fixed locations shall be submitted to the Building Inspector. 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 thereof.
14
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 SMO deems appropriate in connection with
its approval of the proposed Amendment.
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 by the Qualified Inspector, the Department, the Town, or other regulatory authority.
The Department or SMO may notify an applicant at any 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 identify the
provisions of the SWPPP that require modification. Within fourteen (14) calendar days of such notification, or as
otherwise indicated by the SMO, 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 may revoke the SMO approval.
ARTICLE II
REQUIREMENTS FOR ALL STORMWATER DISCHARGES
§ 236-13. 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:
A. Installation of drainage control structures to contain and recharge all runoff generated by development.
B. Maintaining private roads, streets, driveways, parking lots and walkways.
C. Identifying and eliminating unauthorized cormections to Town drainage control systems and public rights-of-way.
D. Maintaining and protecting natural drainage patterns.
E. Maintaining and protecting natural watersheds.
Identifying and eliminating stormwater that is generated by the proposed development from discharging to
adjacent properties.
§ 236-14. Requirements for all land-disturbing activities or impervious surfaces.
All land-disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent
construction controls and shall be required to contain a two-inch rainfall on site, even where an approval of the SMO is
not required under this chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the SMO that
the proposed activities can meet this standard, either by the installation of gutters, leaders, drywells or other measures,
prior to the issuance of such a municipal permit.
§ 236-15. Activities requiring stormwater management control approval.
None of the following activities shall be undertaken until an approval of the SMO has been issued under the provisions of
this chapter.
A. Clearing, grubbing, grading or stripping which affects more than 5,000 square feet of ground surface.
B. Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area.
C. Site preparation on slopes which exceed 10 feet of vertical rise to 100 feet of horizontal distance.
D. Site preparation within 100 feet of wetlands, beach, bluff or coastal erosion hazard area.
E. Site preparation within the one-hundred-year floodplain as depicted on FIRM Map of any watercourse.
Installation of new or resurfaced impervious surfaces of 1,000 sq. ft. or more, unless prior approval of a
Stormwater Management Control Plan was received by the Town and the proposal includes in-kind replacement
of impervious surfaces.
§ 236-16. Compliance.
All development, construction, excavation and landscaping activities regulated by this Chapter shall be conducted
in accordance with an approved Stormwater Management Control Plan.
Where a subdivision plat or site plan approval has been obtained and drainage has been addressed to the
satisfaction of the SMO, the SMO may consider such approval in satisfaction of these requirements. However, all
development on individual lots in an approved subdivision shall remain subject to these requirements on an
individual basis.
§ 236-17. Application process.
Any applicant for a municipal approval 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 Stormwater Management Control approval shall also submit Stormwater Management Control Plan to
the Board/Town Department reviewing the municipal approval application.
Upon receipt by the Board/Town Department reviewing the application to conduct any activity regulated by this
chapter, the Board/Town Department reviewing the municipal approval application shall refer the proposed
Stormwater Management Control Plan to the SMO for comment and recommendation. No municipal approval
shall be issued for activities requiring a Stormwater Management Control approval pem~, nor shall any
application therefor be deemed complete, until the SMO has have first issued his or her approval of the
Stormwater Management Control Plan.
Such plan shall contain the following elements where required by the SMO, which may be integrated into a site
plan or subdivision plat submitted 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 surroundings.
(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 property 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, topography
including existing contours with intervals of not more than five feet where the slope is 10% or greater 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 high water table and a copy of the Soil Conservation District soil
survey.
(3)
Background information about the scope of the project 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.
(4)
(s)
(6)
(7)
(8)
(9)
(10)
(b)
(c)
(d)
(e)
(O
All excavation, filling, stripping and grading proposed to be undertaken, identified as to the
depth, volume, and nature of the materials involved;
All areas requiring clearing, identified as to the nature of vegetation affected;
All areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately
placed;
All temporary and permanent vegetation to be placed on the site, identified as to planting type,
size, and extent;
All temporary and permanent stormwater runoff control measures identified as to the type of
facility, 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
(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;
(h)
The location of all roads, driveways, sidewalks, structures, utilities, and other improvements
including temporary access and construction staging areas; and
(i)
The existing and final contours of the site at intervals of 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%.
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.
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, 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 minimum
time frames that each practice should remain in place or be implemented.
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 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 surface water(s) wetlands and drainage patterns
that could be affected by the constmction activity; existing and final slopes; locations of different soil
17
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.
(11)
(12)
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.
(13)
Implementation schedule for staging temporary erosion and sediment control practices, including the
timing of initial placement and duration that each practice should remain hq place.
(14)
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control
practices.
(15) Name(s) of the potential surface waters of the State of New York and/or the receiving MS4.
(16)
Delineation of Stormwater Management Control Plan implememation responsibilities for each part of the
site.
(17)
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.
(18) Any other existing data that describes the stonnwater 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.
§ 236-18. Performance standards for approval of 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 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 welfare of neighboring property
owners and the general public.
Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and
construction. During grading operations, appropriate measures for dust control shall be undertaken.
Areas exposed by site preparation shall be protected during site construction with hay bales, silt fencing,
temporary vegetation and/or mulching to meet the requirements of the NYSDEC 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 surface waters of the State of New York as defined herein
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 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.
18
Disturbed soils shall be stabilized and re-vegetated or seeded as soon as practicable. During the interim, erosion
protection measures such as temporary vegetation, retention ponds, recharge basins, benning, silt traps and
mulching shall be used to ensure that sedimentation is minimized and mitigated.
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 buffer
zone along water bodies, including wetlands and marshes, 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 surface waters of the State of New York as defined herein.
Stormwater pollutants shall not be discharged directly into a surface water of the State of New York as defined
herein 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. 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.
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, 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.
'U. Natural floodplains and majer 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 surfaces within these areas exists, such facilities shall
be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel,
floodplain or swale and to approximate the original functions of the undisturbed condition.
V. No land having a slope equal to or greater than 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 except accessways to shorelines permitted by Chapter 275. Natural vegetation and
topography shall be retained to stabilize soils and reduce the volume of stormwater overflow.
W. On lands having slopes of less than 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.
X. 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 Stormwater Management Officer, and no later than the
time limits specified by the Stormwater Management Officer or noted in the Stormwater Management Control
Plan.
ARTICLE III
ADDITIONAL REQUIREMENTS
§236-19. Activities covered.
A. Construction activities that discharge or potentially discharge storn~water to surface waters, whether directly or
via an MS4, and that fall within any one of the below categories will require the submission of a 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:
(a) Single-family residential subdivisions with 25% or less impervious cover at total site build-out;
(b) Construction of a barn or other agricultural building, silo, stock yard or pen; and
(c) Single-family 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:
(a) Installation of underground, linear utilities, such as gas lines, fiber-optic cable, cable TV, electric,
telephone, sewer mains, and water mains;
(b) Environmental enhancement projects, such as wetland mitigation projects, stormwater retrofits
and stream restoration projects;
(c) Bike paths and trails;
(d) Sidewalk construction projects that are not part of a road/highway construction or reconstruction
project;
(e) Slope stabilization projects;
(0 Slope flattening that changes the grade of the site, but does not significantly change the runoff
2O
characteristics;
(g) Spoil areas that will be covered with vegetation;
(h)
Land clearing and grading for the purposes of creating vegetated open space (i.e., recreational
parks, lawns, meadows, fields), excluding projects that alter hydrology from pre to post
development conditions;
(i)
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;
(j) Demolition project where vegetation will be established and no redevelopment is planned;
(k)
Overhead electric transmission line project that does not include the construction of permanent
access roads or parking areas surfaced with impervious cover; and
(1)
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 surface 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 mnoffcontrols) as set forth in §236- 20(C)(2) as applicable:
(l)
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 soume 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 ho~nes 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.
(5)
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.
§236-20. Application process.
Any applicant for an activity that requires approval of the SMO 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.
B. Upon receipt by the SMO of any application for an approval, the SMO may refer the proposed SWPPP to the
21
Town Engineering Department for comment and recommendations. No municipal permit that shall be issued for
activities requiring an approval of the SMO, nor shall any application therefore be deemed complete until the
SMO has issued an approval of the SWPPP and has issued a formal SWPPP Acceptance Form.
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 amheological 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 amheological 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 (OPRHP) online resources located on their website;
(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.
(d)
A description of the soil(s) present at the site, including an identification of the Hydrolic Soil
Group (HSG);
(e)
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 fbr all structural components of the stormwater management
control system;
(g)
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;
(h)
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.
22
(2)
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-constraction stormwater management practice to be constructed as part
of the project;
(b)
Site map/construction drawing(s) showing the specific location(s) and size (s) of each post-
construction stormwater management practice;
(c)
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 at the site for
the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in
effect with transfer of title to the property.
(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 disturbe& 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 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.
23
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.
Performance Guarantee.
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 constraction, 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
facility(les) 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.
Maintenance Guarantee. Where stormwater management and erosion and sediment control facilities am
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 fails 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 subject to this law to maintain records demonstrating
compliance with this law.
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).
Stormwater Management Practice Inspections.
The Town's SMO is responsible for conducting inspections of stormwater management practices (SMPs). All
applicants are required to submit "as built" plans for any stormwater management practices located on-site after
final construction is completed. The plan must how the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
24
§236-21. Other Enwromnental 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.
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:
"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 SWPPP, 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.
§236-24. Inspection of stormwater facilities afier project completion.
Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections;
random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage
basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of
businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with
discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or
sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the
condition of drainage control facilities and other stormwater management practices.
25
ARTICLE 1V
ILLICIT DISCHARGES
§ 236-25. 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 §236-25A 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,
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.
§236-26. Prohibition against failing individual sewage treatment systems.
No persons shall operate a failing individual sewage treatment system in areas tributary to the municipality's
MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:
1. The backup of sewage into a structure.
2. Discharges of treated or untreated sewage onto the ground surface.
3. A connection or connections to a separate stormwater sewer system.
26
4. 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.
6. Contamination of off-site surface and groundwater.
B. Any failing individual sewage system shall be remedied to the satisfaction of the SMO.
§236-27. Prohibition against activities contaminating stormwater.
A. 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 §236-26, 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.
§236-28. Requirement to prevent, control and reduce stormwater pollutants by the use of best management practices.
Best Management Practices: Where the SMO has identified illicit discharges as defined in §236-5 or activities
contaminating stormwater as defined in Section 236~27 the municipality may require implementation of Best
Management Practices (BMPs) to control those illicit discharges and activities.
(l)
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 promise, which is, or may be, the source of an illicit discharge as
defined in §236-5 or an activity contaminating stormwater as defined in §236-27, may be required to
implement, at said person's 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 them 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:
27
a. 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.
c. Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and
household chemicals; and
d. 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:
a. In accordance with 10NYCRR Appendix 75A to the maximum extent practicable.
b. 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.
(ii.) Installation of a new subsurface treatment system at the same location.
(iii.) Use of alternate system or innovative system design or technology.
c. 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.
§236-29. Suspension of access to MS4 (illicit discharges in emergency situations).
A. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is
necessary to stop an actual or threatened discharge which presents or may present imminent and substantial
danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of
such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator
fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or to minimize danger to persons.
B. Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in
violation of this law may have their MS4 access terminated if such termination would abate or reduce an illicit
discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the
reasons therefor. The violator may petition the SMO in writing for reconsideration. Access may be granted by the
SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its
recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is
likely 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 SMO.
§236-30. Industrial or construction activity discharges.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all
provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality
prior to the allowing of discharges to the MS4.
§236-3l. Access and monitoring of discharges.
28
Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this Law,
or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or
upon any premises any condition which constitutes a violation of this Law.
B Access to Facilities.
(1)
The SMO shall be permitted to enter and inspect facilities subject to regulation under this law as often as
may be necessary to determine compliance with this Law. If a 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 SMO.
(2)
Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of
inspection, sampling, examination and copying of records as may be required to implement this law.
(3)
The municipality shall have the right to set up on any facility subject to this law such devices as are
necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The municipality has the right to require the facilities subject 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.
(5)
Unreasonable delays in allowing the municipality access to a facility subject to this law is a violation of
this law. A person who is the operator of a facility subject 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.
(6)
If the SMO 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 SMO may seek issuance ora
search warrant from any court of competent jurisdiction.
§236-32. Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for
exnergency 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, said person shall notify the municipality in person or by
telephone or facsimile 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 co~nmemial 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
§236-33. Enforcement.
Enforcement. The Office of Code Enforcement, Police Department and/or the Building Inspector are responsible for
29
~nforcement 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.
§236-34. All stormwater discharges.
Stormwater discharges that am regulated under Article II and III of this chapter are subject to the following:
Erosion and Sediment Control Inspection. The Office of Code Enforcement or Building Inspector may require
such inspections as necessary to determine compliance with this law and may either approve that portion of the
work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the
stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the
Town's Building Inspector at least 48 hours before any of the following as required by the SMO:
(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.
Restoration. Any clearing, excavation or development of land in violation of this chapter shall be corrected
forthwith after written notice by the Office of Code Enfomement or Building Inspector. In the event that
corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take
corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The
cost of restoration shall become a lien upon the property upon which such unlawful activity occurred.
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 completed to the satisfaction of the SMO.
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 an offense, 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 subject to the following:
Notice of Violation.
When the Office of Code Enforcement or Building Inspector 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;
30
(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;
(4) The performance of monitoring, analyses, and reporting;
(5) Payment of a fine; and
(6)
The implementation ofsoume 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.
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
coimection with the requirements of this chapter, upon conviction, shall be guilty of an offense, punishable by a
fine of not less than $1,000 and not more than $5,000. Such person shall be deemed guilty of a separate offense
for each day during which a violation of this chapter is committed or continues.
Corrective Measures.
If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation,
then the Office of Code Enforcement or Building Inspector shall request the owner's permission for
access to the subject private property to take any and all measures reasonably necessary to abate the
violation and/or restore the property.
If refused access to the subject private property, the Office of Code Enforcement or Building Inspector
may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to
determine whether a violation has occurred. Upon determination that a violation has occurred, the Office
of Code Enforcement or Building Inspector may seek a court order to take any and all measures
reasonably necessary to abate the violation and/or restore the property. The cost of implementing and
maintaining such measures shall be the sole responsibility of the discharger.
D. Injunctive Relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this
law. If a person has violated or continues to violate the provisions of this law, the Town 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.
§236-36. 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.
II. 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
31
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:
(m)
A Stormwater Management Control Plan consistent with the requirements of Chapter 236,
Stormwater Management, of this Code, if required. The Stormwater Management Control Plan
shall meet the performance and design criteria and standards in Chapter 236, Stormwater
Management.
III. 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 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
Management, 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 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 lbrms 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
Management, of this Code, if required. The Stormwater Management Control Plan shall meet the performance
and design criteria and standards in Chapter 236, Stormwater Management.
H. Such other information as the superintendent shall deem pertinent to effectuate the purposes of this article.
V. 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 Storu~water Management Control Plan consistent with the requirements of Chapter 236, "Stormwater
Management" of this Code. The Stonnwater Management Control Plan shall meet the performance and
design criteria and standards in Chapter 236, "Stormwater Management."
VI. 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 co-partnership to establish, maintain or
32
~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 Town Board of the Town of Southold. The permit issued by the Town Board shall be
subject 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.
VII. 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
Management, of this Code, if required. The Stormwater Management Control Plan shall meet the
performance and design criteria and standards in Chapter 236, Stormwater Management.
VIII. 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 off
(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.
IX. 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.
X. EFFECTIVE DATE
This Local Law shall take effect imtnediately upon filing with the Secretary of State as provided by law.
33
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 3 of 20 12 . of the
~(Town) ('.'~P-xg:) of SOUTIIOLD was duly passed by the
TOWN BOARD on February 14 ,20 12 ~ in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __., and was (approved)(not approved)(re-passed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ., and was (approved)(not approved)(repassed a~er
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed at~er
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
34
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affu'mative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 __,
became operative. ~'
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk ot~ Cogent[ l~ggisYative b~dy. City. To o
6~eaO Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: February 15~ 2012
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
1, the undersigned, hereby certify that the foregoing local law contai~ th~q~rrect text and that all proper proceedings
have been had or taken for the enactment of the local law an~
Martin D. Finnegan, Town Attorney
Jennifer Andaloro, Esq., Assistant Town Attorney
Title
City
Town of SOUTHOLD
V:2'.agz
Date:
February 15~ 2012
35
RESOLUTION 2012-178
ADOPTED
DOC ID: 7580
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-178 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 14, 2012:
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A
Local Law in relation to Amendments to Chapter 236~ Stormwater Management" is
classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section
617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency
for the uncoordinated review of this action and issues a Negative Declaration for the action 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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER: William Ruland, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
WItEREAS, 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" and
WHEREAS the Town Board of the Town of Southold held a second public heating on the
aforesaid Local Law at which time all interested persons were given an opportunity to be heard,
now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 236~ Stormwater
Management" reads as follows:
LOCAL LAW NO. 5 of 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~
Stormwater Management".
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 Grading and Drainage Contre! Law."
Management; Erosion & Sediment Control; and Illicit Discharges Law."
§ 236-2. Statutory authorization/and conflicts *vith 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. TLc va.~anee prc~.%icns cf
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:
A. 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;
Cleating 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 nmoff thereby increasing stream bank, shoreline and bluff
erosion and sedimentation;
Impervious surfaces 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 ranoff 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 g~oas~ 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 objectives of this chapter are as follows:
A. Minimizing soil erosion, sedimentation and stormwater runoff;
B. Controlling, restricting or prohibiting activities which alter natural drainage systems,
floodplains, stream channels and natural protective features, including, but not limited to,
wetlands, bluffs, dunes, beaches, natural protective features, which contribute to the
accommodation of floodwaters and retention of sediment;
C. Controlling, restricting or prohibiting land use activities which increase nonpoint source
pollution due to stormwater runoff, and/or which result in discharge onto public lands,
neighboring properties or natural protective features;
D. Assuring that land and water uses in the Town are designed and/or conducted using best-
management practices to control flooding, stormwater runoff and minimize stormwater
runoff from dischargigg 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-
O- 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 surface 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 runoffwhich 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 necessary 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. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter,
have the meanings as herein defined. An,/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).
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 partially enclosed within exterior walls, or within exterior
and party walls, and a roof, affording shelter to persons, animals or property.
BUILDING INSPECTOR -- The persons(s) appointed by the Town Board to enforce the
provisions of Southold Code Chapter 280 and this chapter.
CHANNEL - A natural or artificial 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, grubbing or burning vegetation, severing, topping or loppin?
branches, limbs, stems or trunks or substantially damaging or injuring in other ways that would
cause or contribute to the death or affect the survivability and growth of vegetation. This
definition also includes removal of dead and dying vegetation.
COMBINED SEWER - A sewer that is designed to collect and convey both "sewage" and
%tormwater".
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 surfaces at or below grade.
CONSTRUCTION ACTIVITY - (1) Activities involving land disturbance of 5,000 sq. fi. 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 of a facility; 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 projects 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 cleating 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 surface
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 surface 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, benns, etc.) for the collection and conduction of stormwater to an adequate
facility for its storage and disposal.
EROSION - The wearing away of land as a result of the action of natural forces or man-related
activities.
EROSION CONTROL MANUAL - The most recent version of the "New York Standards and
Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue
Book".
EROSION, SEDIMENTATION AND 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 runoft; 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 surface or
subsurface conditions of upland or underwater land.
FINAL STABILIZATION - That all soil disturbance activities have ceased and a uniform,
perennial vegetative cover with a density of eighty (80) percent over the entire pervious surface
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 surface 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 surface 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
discharges include any direct or indirect discharge to the MS4, except as exempted in §236-24A
(Discharee Prohibitions) and/or as permitted by the Town.
IMPERVIOUS SURFACE - Any surface exposed to stormwater from which water runs off and
cannot pass through, including but not limited to structures, paving, paving blocks, bedding
material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and
accessory structures.
INDIVIDUAL 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 surface water or
groundwater at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as hydrophytic
vegetation.
LAND DEVELOPMENT ACTIVITY - Construction activity including clearing, grading,
excavating, soil disturbance or placement of fill that results in land disturbance of equal to or
greater than 5,000 sq. fi. 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 riehts 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 surface 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 surface 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.
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. Desigued 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 surface conditions, prior to clearing, regrading or construction.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland and the
vegetation thereon.
NATURAL WATERCOURSE - The route formed by natural processes, topography and geology
leading to a natural watershed.
NATURAL WATERSHED - An area of land which, in its natural state and prior to any man-
made change, and due to its topography and geology, drains to a particular location within that
area.
NONPOINT SOURCE POLLUTION - Pollution 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 surface is one that has the ability to be readily penetrated
by stormwater or other runoff. Pervious pavement mixtures contain little or no fine particles
creating a substantial void content while still maintaining its structure integrity. Aggregate
materials typically consist of #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 surfaces 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,
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 adiacent 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 surfaces or in water channels.
SEDIMENT CONTROL - Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS - Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern
species.
SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and
grading to facilitate construction or other use of the land.
STATE POLLUTANT DISCHARGE 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
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 waterbodv 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 TMDI,
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, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT - A land use or activity that generates higher concentrations of
pollutants of concern or toxicants than are found in typical stormwater nmoff, 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 of this Chapter. For the purposes of this Chapter, a Stormwater
Pollution Prevention Plan, when required by the Department's regulations, will qualify as a
Stormwater Management Control Plan.
STORMWATER 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
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 surface water, natural or artificial, inland or coastal, fresh or salt, public or private
(except those private waters that do not combine or effect a junction with natural surface or
underground waters), which are wholly or partially within or bordering the State or within its
jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons
which also meet the criteria of this definition are not waters of the State. This exclusion applies
only to manmade bodies of water which neither were originally created in waters of the State
(such as a disposal area in wetlands) nor resulted from impoundment of waters of the State.
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., iute twisted yam, 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 waterbod¥ 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.
WATERCOURSE - A permanent or intermittent stream or other body of water, either natural or
man-made, which gathers or carries surface water.
WATERWAY - A channel that directs surface runoff to a watercourse or to the public storm
drain.
§ 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 surface and all land,~.o~..~:o~"~':~-w.~ 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.
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.
Discharges that are required to obtain an individual SPDES Permit or another
SPDES General Permit by the Department.
Discharges from land development activities that adversely affect a listed, or
proposed to be listed, endangered or threatened species, or its critical habitat.
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.
Land Development activities for residential, commercial and institutional projects
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 on the USDA Soil Survey for
Suffolk County.
Land development activities for linear transportation projects and linear utility
projects 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.
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.
§236-7. Performance and design criteria for stormwater management and erosion and
sediment 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:
The New York State Stormwater Management Design Manual (New York State
Department of Environmental Conservation, most current version or its successor,
hereafter referred to as the Design Manual).
2_. New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society, 2004, most
current version or its successor, 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: Any land development activity shall not cause or contribute to
a violation of water quality 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 surface 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 Town Board shall designate Stormwater Management Officers by resolution. The
Stormwater Management Officers shall have the following authority:
&. To accept and review all stormwater pollution prevention plans and approve such plans
prior to the approval of any municipal board.
B~. 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.
C~. Accept the certification of a Qualified Professional that the plans conform to the
requirements of this Law.
§ 236-9 Maintenance~ inspection and repair of stormwater facilities.
A. Maintenance and Inspection During Construction.
1. The applicant or developer of any land development activity proposed under this
chapter, as set tbrth in Articles II and/or III, or their representative shall, at all
times, properly operate and maintain ali 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 11I, 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.
B. Maintenance Easements. Prior to the issuance of any approval for those activities
regulated under Article II1 that has a stormwater management facility as one of the
requirements, the applicant or developer must execute a maintenance easement
agreement that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the facility at reasonable
times for periodic inspection by the Town of Southold to ensure that the facility is
maintained in proper working condition to meet design standards and any other
provisions established by this local law. The easement shall be recorded by the 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.
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, an,/
cleahng, excavation or development of land in violation of this chapter shall be corrected
fbrthwith 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 against
any responsible party, owner, occupant, builder, architect, contractor or their agents, or
any other person undertaking land development activities regulated under Articles II
and/or III 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 Count,/Clerk as a deed restriction on the property prior to final plan approval.
,~ 236-10. Exemptions.
The following 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.
B~. 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 of a facility.
C_~. Repairs to any stormwater management practice or facility deemed necessary by the
Stormwater Management Officer.
D~. 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.
E_. Land development activities for which an unexpired building permit has been approved
on or before the effective date of Chapter 236.
F~. Individual cemetery grave sites in a developed or pre-existing cemetery.
G~. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
H~. Emergency activity immediately necessary to protect life, property or natural resources.
I. 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.
J_. Landscaping and horticultural activities in connection with an existing structure, with a
disturbance of less than 5,000 sq. fl. of land.
K~ Minor cleating 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.
L~. Emergency repairs on public or private objects, necessary for the preservation of life,
health or property, or taken to implement and accomplish the beneficial purpose of this
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.
M~. Routine maintenance or repair work on public or private roads or utility line rights-of-
way where interim and permanent stormwater runoff control measures will be
undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer
and method of filtering and slowing stormwater flow from road surfaces.
N~. Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge
of groundwater.
§ 236-t4 11. Approved plans.
Plans approved by the Building Inspector in conjunction with the issuance of a dr ..... a .........
~;, ~.~, ~ ~.~ ~.~ ...;,~. ,~ r. .... *" ~' ~;~;~ *~* .... ~ ~ b 'ld' g p ' 'th
V ........................................ y ................. ~ .......... V ..... D1 in e~lt Wl
~ approved Sto~water Management Control Plan are binding as against ~ture purchasers,
~anting the Town pe~ission to enter the prope~y for compliance enforcement pu¢oses, ~d
containing a summaw of the plan's requirements. Prior to obtaining a ce~ificate of occupancy
t?om the Building Inspector, an as-built drawing illustrating the as-built location and dimension
of any sto~water m~agement control measures from at least two comers of the foundation of
the principal stmc~e or other fixed locations shall be submitted to the Building Inspector.
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.
A. 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 thereof.
B__. 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 SMO deems appropriate in connection with its approval of
the proposed Amendment.
C~. 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 by the Qualified Inspector, the Department, the Town, or other regulatory
authority.
D~. The Department or SMO may notify an applicant at any 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 identify the provisions of the SWPPP that require
modification. Within fourteen (14) calendar days of such notification, or as otherwise
indicated by the SMO, 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 may revoke the SMO 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:
A. Installation of drainage control structures to contain and recharge all runoff generated by
development.
B. Maintaining private roads, streets, driveways, parking lots and walkways.
C. Identifying and eliminating unauthorized connections to Town drainage control systems
and public rights-of-way.
D. Maintaining and protecting natural drainage patterns.
E. Maintaining and protecting natural watersheds.
F. Identifying and eliminating stormwater that is generated by 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 surfaces shall provide
t~nporary and permanent construction controls and shall be required to contain a two-inch
rainfall on site, even where an ~ approval of the SMO ~ is not required under
this chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the
~4n~-4~-~ SMO that the proposed activities can meet this standard, either by the
installation of gutters, leaders, drywells or other measures, prior to the issuance of such a
municipal permit.
§ 236 I0 15. Activitiesrequlnng' · ....... a-.: .... ~,. ~^~'-~'. ....... stormwater management control
approval. ~.
None of the following activities shall be undertaken until an ~ approval of the
SMO ~c...~nit has been issued under the provisions of this chapter.
A. Clearing, grubbing, grading or stripping which affects more than 5,000 square feet of
ground surface.
B. Excavation or filling involving more than 200 cubic yards of material within any parcel
or any contiguous area.
C. Site preparation on slopes which exceed 10 feet of vertical rise to 100 feet of horizontal
distance.
D. Site preparation within 100 feet of wetlands, beach, bluff or coastal erosion hazard area.
E. Site preparation within the one-hundred-year floodplain as depicted on FIRM Map of any
watercourse.
F_. Installation of new or resurfaced impervious surfaces 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.
§ 236-14 16. Compliance.
ll/l.~ n A~; ....... *~^1 -~:,: ...... :~ u., ,t.:~ oh.,.,~. All de clop
............... o ......... v ........... . ....../ ......... v~, v ment,
construction, excavation ~d l~dscaping activities re~lated by this Chapt~ shall be
conducted i ' ~o; .... g;~. .... a ~, ...... · ......cv
n accord~ce Wl~ ~ approved ........ , .......................................
........ v-~-, ............. ~ ....................... v,~, Sto~water M~agement ConSol
PI~.
~ere a ~ subdivision plat or site pl~ approval has been obtained and
drainage has been addressed to ~e satisfaction of the SMO, the ~ SMO
may conside such approval in satisfaction of ~ese requirements. ~ However,
all development on individual lots in ~ approved subdivision shall remain subject to
these requirements on ~ individual basis.
§ 236 12 17. Application process.
A. Any applicant for a municipal approval pemfit 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 dmimage-eommt Stormwater Management Control approval pem~ shall also
submit an Stormwater Management Control Plan .... ; .... '~;~"~"; .... -~ ~" ......
..... cc ~^_~...~ v .... to the
....................... o --or ..... Board/Town Department reviewing the
municipal approval application.
B. Upon receipt by the ~ Board/Town Department reviewing the ....
ppi' ' c^. n ~.~: .......+~ c~ ...... +~ ~a ........ + r~.+.~ ........ ~ pem~ t
a mat
conduct any activity regulated by this chapter, the Eui!ding Ingpcctar Board/Town
Department reviewing the municipal approval application shall ma3' refer the proposed
........ , ................. , ................................ t~ .... ormwater Management
Control Plan to the ......... ,, ......... ~, ~t. ......... SMO for comment and
recommendation. No municipal approval pem~ that shall be issued for activities
requiring a ~ Sturmwater Management Control approval pem~, nor shall
any application therefor be deemed complete, until the ~hSa~,3pe~ SMO has have
first issued his or her approval of the ........ ,
~.,.^1 -1 ~. Stormwater Management Control Plan.
C. Such plan shall n.ay contain the following elements where required by the SMO, which
may be integrated into a site plan or subdivision plat submitted for approval pursuant to
applicable Town law:
(1) A vicinity 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 surroundings.
(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 property 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, topography including
existing contours with intervals of not more than five feet where the slope is ]0%
or greater and not more than two feet where the slope is ]ess than 10%, test hole
indicating soil characteristics, location of wooded areas, the depth to seasonal
high water table and a copy of the Soil Conservation District soil survey.
(3) Background information about the scope of the project and location and
(4)
(5)
(6)
(7)
(8)
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;
(b 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 facility, 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,
i 1 di gpo ds echagea dsedi tb i s(id tifi d ,~.~, ....c
ncu n n ,r r n men asn en e
(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~
two 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%.
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.
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,
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 minimum
time frames that each practice should remain in place or be implemented.
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
(9)
(10)
(11)
(12)
(13)
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
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 surface water(s) wetlands and drainage patterns that could be
affected by the construction activity~ existing and final slopes~ locations of
different soil tvpes 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.
(14) Maintenance schedule to ensure continuous and effective operation of the erosion
and sediment control practices.
(15) Name(s) of the potential surface waters of the State of New York and/or the
receiving MS4.
(16) Delineation of Stormwater Management Control Plan implementation
responsibilities for each part of the site.
(17) 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.
(18) Any 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 !3 18. Performance standards for approval of ........ , .....................
o+ ....... ,. ....... r~ ~-,--~, -,~-~ Sto M g t C trol Pla
............................ v ..... rmwater ana emen OH n.
A. The site erosion, sedimentation and stormwater runoff control measures shall be
appropriate for existing topography, vegetation and other salient natural features of the
site. The plan shall indicate that the development will preserve natural features, minimize
grading and cut and fill operations, ensure conformity with natural topography, and retain
natural vegetation and trees to the maximum extent practicable in order to create the least
erosion potential and h~ 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 welfare of neighboring property owners and the general public.
Erosion, sedimentation and stormwater nmoff 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 EPDEE prc~'am in effect 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 surface
waters of the State of New York as defined herein wet!an~, 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 wet!an~ 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 cleating, construction
and restoration.
Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable.
During the interim, erosion protection measures such as temporary vegetation, retention
ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that
sedimentation is minimized and mitigated.
In no case shall stormwater be diverted to another property either during site preparation
or after development. In appropriate cases, with the approval of the Superintendent of
Highways, drainage control measures may be implemented in the right-of-way attendant
to an adjacent Town highway, at the applicant's expense.
During the construction period, disposal of stormwater runoff generated by development
activity shall be handled on site. Baling, mulching, debris basins, silt traps, 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 buffer zone along water bodies, including wetlands and marshes, ~
...... v .... 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 surface waters, marghes and
wet!ands of the State of New York as defined herein. Stormwater pollutants shall not be
discharged directly into a surface water of the State of New York as defined herein
wettamt;, 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 p~.~v...ission.~ ;~ vv.~...~..~-+~:~ c..^~_,~.. ~.~..~ ~,.,..~r~^~ cf Tr.:gtco:. 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.
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, ~"~'~* tv *~' ......... ~ ^c,~.~ o~ ~c.v~.~,~ V b
o~va ....... vv .......................... as ma e 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 ofrunoffto coastal waters.
Natural floodplains and .maj.~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 surfaces within these areas exists, such facilities shall be sited and
constructed to minimize and mitigate the mount 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 ~,
.,: ........................... permitted ~E
except accessways to shorelines approved ~'-' '~'~ r~^~ ~rT-.~, .... *.~, ~.~ '
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
by the ........ ~,
for in approved plans shall be installed within the time limits specified o..;~;.~
l-~pec4o~ Stormwater Management Officer, and no later than the ,-,-v ..............
.... :~:-~ ---;*; ..... ~ ~' ...... :'~' time limits specified by the Stormwater Management
Officer or noted in the Stormwater Management Control Plan.
ARTICLE III
ADDITIONAL REQUIREMENTS
§236-19. Activities covered.
A~. Construction activities that discharge or potentially discharge stormwater to surface
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:
(a) Single-family residential subdivisions with 25% or less impervious cover
at total site build-out;
(b) Construction of a barn or other agricultural building, silo, stock yard or
pen; and
(c) Single-family 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:
(a) Installation of underground, linear utilities, such as gas lines, fiber-optic
cable, cable TV, electric, telephone, sewer mains, and water mains;
(b) Environmental enhancement projects, such as wetland mitigation projects,
stormwater retrofits and stream restoration projects;
(c)Bike paths and trails;
(d) Sidewalk construction proiects that are not part of a road/highway
construction or reconstruction project;
(e)Slope stabilization projects;
(fl Slope flattening that changes the grade of the site, but does not
significantly change the runoff characteristics;
(g)Spoil areas that will be covered with vegetation;
(h) Land clearing and grading for the purposes of creating vegetated open
space (i.e., recreational parks, lawns, meadows, fields), excluding projects
that alter hydrology from pre to post development conditions;
(i) 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;
(k) Overhead electric transmission line project that does not include the
construction of permanent access roads or parking areas surfaced with
impervious cover; and
(1) 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 surface
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 runoffcontrols) as set forth in §236- 20(C)(2) as applicable:
(1) Stormwater nmoff 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.
Stormwater runoff from land development activities disturbing five (5) or more
acres.
30) 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 fi-om 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.
§236-20. Application process.
A. Any applicant for an activity that requires approval of the SMO 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 SMO, nor shall any application therefore be deemed complete until the
SMO has issued an approval of the SWPPP and has issued a formal SWPPP Acceptance
Form.
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
(c)
(d)
(e)
(0
(g)
(h)
expected to affect the quality of stormwater discharges;
Documentation supporting the determination of approval with regard to
Historic Places or Archeological Resources. At a minimum, the
supporting documentation shall include:
1~ 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 (OPRHP)
online resources located on their website;
(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 an,/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 project;
(b) Site map/construction drawing(s) showing the specific location(s) and size
(s) of each post-construction stormwater management practice;
(c) Hydrologic and hydraulic analysis for all structural components of the
stormwater management system for the applicable design storms;
(d) Comparison of post-development stormwater runoffcondifions with pre-
development conditions;
(e) Dimensions, material specifications and installation details for each post-
construction stormwater management practice;
(f) 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 at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer of
title to the property.
(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:
~ 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.
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
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.
~ 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.
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 facility(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.
2~. 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 fails 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 subject to this law to maintain
records demonstrating compliance with this law.
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).
Stormwater Management Practice Inspections.
The Town's SMO is responsible for conducting inspections of stormwater management
practices (SMPs). All applicants are required to submit "as built" plans for any
stormwater management practices located on-site after final construction is completed.
The plan must how the final design specifications for all stormwater management
facilities and must be certified by a professional engineer.
§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.
A~. 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:
'2 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 SWPPP, 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.
§236-24. Inspection of stormwater facilities after project completion.
Inspection programs shall be established on any reasonable basis, including but not limited to:
routine inspections; random inspections; inspections based upon complaints or other notice of
possible violations; inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections of businesses or industries
of a type associated with higher than usual discharges of contaminants or pollutants or with
discharges of a type which are more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater permit; and joint
inspections with other agencies inspecting under environmental or safety laws. Inspections may
include, but are not limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control facilities; and evaluatinf,
the condition of drainage control facilities and other stormwater management practices.
ARTICLE IV
ILLICIT DISCHARGES
§ 236-25. Discharge prohibition.
A. 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 §236-25A below.
The commencement, conduct or continuance of any illegal discharge to the MS4 is
prohibited except as described as follows:
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,
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.
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.
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.
,~236-26. Prohibition against failing individual sewage treatment systems.
A_~. No persons shall operate a failing individual sewage treatment system in areas tributary
to the municipality's MS4. A failing individual sewage treatment system is one which
has one or more of the following conditions:
1_. The backup of sewage into a structure.
2_. Discharges of treated or untreated sewage onto the ground surface.
3_. A connection or connections to a separate stormwater sewer system.
4~. Liquid level in the septic tank above the outlet invert.
5_. 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.
6~ Contamination of off-site surface and groundwater.
B~. Any failin~ individual sewage system shall be remedied to the satisfaction of the SMO.
§236-27. Prohibition against activities contaminating stormwater.
&. Activities that are subiect 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-
26, improper management of pet waste or any other activity that causes or contributes to
violations of the municipality's MS4 SPDES permit authorization.
C~. 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.
§236-28. Requirement to prevent~ control and reduce stormwater pollutants by the use of
best management practices.
A~. Best Management Practices: Where the SMO has identified illicit discharges as defined
in §236-5 or activities contaminating stormwater as defined in Section 236-27 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 §236-27, may be required to implement, at said person's
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.
B~. 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 bein~
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:
a~. 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.
c_. Avoid the disposal of excessive quantities of detergents, kitchen wastes,
laundry wastes, and household chemicals; and
d~. Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins,
trash and other such items
Repair or replace individual sewage treatment systems as follows:
a_. In accordance with 10NYCRR Appendix 75A to 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:
~ Relocating or extending an absorption area to a location not
previously approved for such.
(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.
§236-29. Suspension of access to MS4 (fflicit discharges in emergency situations).
A_~. The SMO may, without prior notice, suspend MS4 discharge access to a person when
such suspension is necessary to stop an actual or threatened discharge which presents or
may present imminent and substantial danger to the environment, to the health or welfare
of persons, or to the MS4. The SMO shall notify the person of such suspension within a
reasonable time thereafter in writing of the reasons for the suspension. If the violator fails
to comply with a suspension order issued in an emergency, the SMO may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to
persons.
B_~. Suspension due to the detection of illicit discharge. Any person discharging to the
municipality's MS4 in violation of this law may have their MS4 access terminated if such
termination would abate or reduce an illicit discharge. The SMO will notify a violator in
writing of the proposed termination of its MS4 access and the reasons therefor. The
violator may petition the SMO in writing for reconsideration. Access may be granted by
the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken
steps to prevent its recurrence. Access may be denied if the SMO determines in writing
that the illicit discharge has not ceased or is likely 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 SMO.
§236-30. Industrial or construction activi ,ty discharges.
Any person subiect to an industrial or construction activity SPDES stormwater discharge permit
shall comply with all provisions of such permit. Proof of compliance with said permit may be
required in a form acceptable to the municipality prior to the allowing of discharges to the MS4.
§236-31. Access and monitoring of discharges.
A__~. Applicability. This section applies to all facilities that the SMO must inspect to enforce
any provision of this Law, or whenever the authorized enforcement agency has cause to
believe that there exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this Law.
B_ Access to Facilities.
(11 The SMO 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. If a 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 SMO.
(2) Facility operators shall allow the SMO ready access to all parts of the premises
for the purposes of inspection, sampling, examination and copying of records as
may be required to implement this law.
(3) The municipality shall have the right to set up on any facility subject to this law
such devices as are necessary in the opinion of the SMO to conduct monitoring
and/or sampling of the facility's stormwater discharge.
The municipality has the right to require the facilities subject 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 subject to
this law is a violation of this law. A person who is the operator of a facility
subject 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 SMO 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 ora routine inspection and sampling program designed to
verify compliance with this law or any order issued hereunder, then the SMO may
seek issuance of a search warrant from any court of competent jurisdiction.
§236-32. 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 matehals,
said person shall notify the municipality in person or by telephone or facsimile 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
§236-33. Enforcement.
Enforcement. The Office of Code Enforcement, 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.
§236-34. All stormwater discharges.
Stormwater discharges that are regulated under Article II and III of this chapter are subject to the
following:
A. Erosion and Sediment Control Inspection. The Office of Code Enforcement or Building
Inspector may require such inspections as necessary to determine compliance with this
law and may either approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this law and the stormwater
pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the Town's Building Inspector at least 48 hours before any of the following
as required by the SMO:
(i) installation of sediment and erosion control measuresl
(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.
B. Restoration. Any clearing, excavation or development of land in violation of this chapter
shall be corrected forthwith after written notice by the Office of Code Enforcement or
Building Inspector. In the event that corrective action is not taken as directed within a
reasonable time, the Town may, at its own expense, take corrective action to restore the
property or initiate legal action to prevent unlawful or unauthorized activity. The cost of
restoration shall become a lien upon the property upon which such unlawful activity
occurred.
C. Certificate of occupancy. No certificate of occupancy shall be issued by the Building
inspector until all work required to be completed pursuant to the plan has been
............. ~ ..... completed to the satisfaction of the SMO.
D. 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 cfa mis~cmcancr an offense, punishable by
a fine of not less than $500 and not more than $2,000. Such person shall be deemed
guilty cfa 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:
&. Notice of Violation.
When the Office of Code Enfomement or Building Inspector 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:
The elimination of illicit connections or discharges;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards
and the restoration of any affected property;
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.
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 an offense, punishable by a fine of not less than
$1,000 and not more than $5,000. Such person shall be deemed guilty of a separate
offense for each day during which a violation of this chapter is committed or continues.
Corrective Measures.
1. If the violation has not been corrected pursuant to the requirements set forth in the
Notice of Violation, then the Office of Code Enforcement or Building Inspector
shall request the owner's permission for access to the subject private property to
take any and all measures reasonably necessary to abate the violation and/or
restore the property.
If refused access to the subject private property, the Office of Code Enforcement
or Building Inspector may seek a warrant in a court of competent jurisdiction to
be authorized to enter upon the property to determine whether a violation has
occurred. Upon determination that a violation has occurred, the Office of Code
Enforcement or Building Inspector may seek a court order to take any and all
measures reasonably necessary to abate the violation and/or restore the property.
The cost of implementing and maintaining such measures shall be the sole
responsibility of the discharger.
Injunctive Relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of
the requirements of this law. If a person has violated or continues to violate the
provisions of this law, the Town 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.
§236-36. 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.
II. 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:
(m) A Stormwater Management Control Plan consistent with the requirements
of Chapter 236, Stormwater Management, of this Code, if required. The
Stormwater Management Control Plan shall meet the performance and
design criteria and standards in Chapter 236, Stormwater Management.
IlI. Chapter 228 of the Code of the Town of Southold is hereby amended as follows:
§228-6. Application for permit.
A. 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
with the Town Clerk of the Town of Southold an application in duplicate for such permit,
which shall set forth and include:
7(2) A Stormwater Management Control Plan consistent with the requirements of
Chapter 236, Stormwater Management, 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 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:
G~. A Stormwater Management Control Plan consistent with the requirements of Chapter
236, Stormwater Management, of this Code, if required. The Stormwater Management
Control Plan shall meet the performance and design criteria and standards in Chapter 236,
Stonnwater Management.
G.H. Such other information as the superintendent shall deem pertinent to effectuate the
purposes of this article.
§240-
H.
Chapter 240 of the Code of the Town of Southold is hereby amended as follows:
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."
VI. 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
Town Board of the Town of Southold. The permit issued by the Town Board shall be subject 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.
VII. Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
§275-6. Application.
A. 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 Management, of this Code, if required. The Stormwater
Management Control Plan shall meet the performance and design criteria and
standards in Chapter 236, Stormwater Management.
VIII. 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:
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.
IX. 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.
X. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local
Law entitled "A Local Law in relation to Amendments to Chapter 236~ Stormwater
Management".
NOTICE IS HERBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a second public hearing on the aforesaid Local Law at the Southold
Town Hall, 53095 Main Road, Southold, New York, on the 14m day of February, 2012
at 7:36 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 in part:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~
Stormwater Management".
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" ~ A..
Stormwater ~ra~:n~ ~.a r~.n; .... t-~.,.^l T .... ,,
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.
........ ~ ............. j .......................... apter.
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:
A. 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;
B. 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;
C. Clearing and grading during construction tends to increase soil erosion and
add to the loss of native vegetation necessary for terrestrial and aquatic
habitat;
D. 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[
E. Impervious surfaces allow less water to percolate into the soil, thereby
decreasing groundwater recharge and stream baseflow;
F. Substantial economic losses can result from these adverse impacts on the
waters of the Townl
G. Stormwater runoff, soil erosion and nonpoint source pollution can be
controlled and minimized through the regulation of stormwater runoff from
land development activities;
H. 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 gr-eate~ 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
objectives of this chapter are as ~bllows:
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, wetlands, bluffs, 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 discharging 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 surface 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
M~.
N~.
0~.
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 necessary 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.
The complete text of the proposed local law, as revised based upon comments received
into the record, is available for review on the Southold Town's website:
southoldtown.northfork, net and copies are available at the Southold Town Clerk's
office during regular business hours, Monday through Friday, 8:00 AM to
4:00 PM.
Dated: January 31, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON FEBRUARY 9, 2012, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
TC's Bulletin Board
Web site
Town Board Members
Accounting Dept.
Planning Dept
Town Attorney
Building Dept
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local
Law entitled "A Local Law in relation to Amendments to Chapter 236~ Stormwater
Management".
NOTICE IS HERBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 31st day of January, 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".
I. Chapter 236 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE I
GENERAL PROVISIONS
§ 236-1. Title.
Th~s 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.
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.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local
Law entitled "A Local Law in relation to Amendments to Chapter 236~ Stormwater
Management".
NOTICE IS HERBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a second public hearing on the aforesaid Local Law at the Southold
Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012
at 7:36 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".
L Chapter 236 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE 1
GENERAL PROVISIONS
§ 236-1. Title.
This chapter shall be known as the "Stormwater r,_~ a;~.,~...~, .... ~..~ ~'--"-~,~r~; .... r,~,,~v.., v. ~,..T .......
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.
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:
A. 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;
B. Stormwater runoff contributes to increased quantities of water-bome
pollutants, including siltation of aquatic habitat for fish and other desirable
species and may adversely affect aquatic organisms through changes in
temperature and salinity;
C. Clearing and grading during construction tends to increase soil erosion and
add to the loss of native vegetation necessary for terrestrial and aquatic
habitat;
D. Improper design and construction of stormwater management practices can
increase the velocity of stormwater runoff thereby increasing stream bank,
shoreline and bluff erosion and sedimentationi
E. Impervious surfaces allow less water to percolate into the soil, thereby
decreasing groundwater recharge and stream baseflow;
F. Substantial economic losses can result from these adverse impacts on the
waters of the Town~
G. Stormwater runoff; soil erosion and nonpoint source pollution can be
controlled and minimized through the regulation of stormwater runoff from
land development activities;
H. 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.
J. 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 grcatc: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
-2-
requirements of the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for MS4. The
objectives 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, wetlands, bluffs, 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 discharging 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 surface 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
M_~
N~.
0~.
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 necessary 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
-3-
products, cleaning products, paint products, hazardous waste, sediment and other
pollutants into the MS4.
§ 236-4 5. 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).
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
· r, .... ,4 ....... ,4 --~*~'~,4~ pcrta;ning to
disposal, or drainage from raw materials storage ........................ ' '
,vr .................... watcr po u on.
BUILDiNG - A structure wholly or partially enclosed within exterior walls, or within
exterior and party walls, and a roof, affording shelter to persons, animals or property.
BUILDING INSPECTOR -- The persons(s) appointed by the Town Board to enforce the
provisions of Southold Code Chapter 280 and this chapter.
-4-
CHANNEL - A natural or artificial 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, grubbing or burning vegetation, severing, topping or
lopping branches, limbs, stems or trunks or substantially damaging or injuring in other
ways that would cause or contribute to the death or affect the survivability and growth of
vegetation. This definition also includes removal of dead and dying vegetation.
COMBINED SEWER - A sewer that is designed to 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 surfaces at or below grade.
CONSTRUCTION ACTIVITY - (1) Activities involving land disturbance of 5,000 sq. fl.
or more including disturbances of less than 5,000 sq. fl. that are part ora larger common
plan of development that will ultimately disturb 5,000 or more sq. fi. of land; excluding
routine maintenance activity that is performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility; 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 projects 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
-5-