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HomeMy WebLinkAboutLL #09 2014 SOUTHOLD TOWN BOARD PUBLIC HEARING August 26, 2014 7:32 PM Present: Supervisor Scott Russell Town Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Attorney Martin Finnegan Town Clerk Elizabeth Neville This hearing was opened at 7:58 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29`h day of July, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 26th day of August,2014 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of this Amendment is to remove an unnecessary, burdensome requirement for inspections of erosion and sediment control practices following heavy rain to be consistent with similar provisions of the Environmental Conservation Law and to correct certain definitions and typographical errors. Amendments to Chapter 236 Public Hearing August 26, 2014 2 II. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: §236-5. Definitions. CONSTRUCTION ACTIVITY 44 Activities involving land disturbance of 5,000 square feet or more including disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. (2) KVLI Y.LIVJ 1VL1 K11111 r., KKL11V 11LKL1V11 under-�the o waJv.a...a bvJ from vvaaJ Ll KV L1 Vll KV Ll Y 1Ly, GP 0 10 001 or-as amended er-fevised. These WDEV poa. .t ae,..ahaeu aaeiude VVnst fuetion p 1 VJ eetJ 1VJu1t11g in land distiur-bae „f one e ae unless .7 + rl th by the D ..r t aavv V V11V Vl lalvav uvavJ K111V JJ UVLVTS �TIRTVCrIVTVPTJG��TIV�CT]'�'�'jTj�[ All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. STORMWATER MANAGEMENT OFFICER (SMO) An employee or officer designated by the Town to accept and review stormwater management control plans and stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices §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 peniiipermanent 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. &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 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 50%. (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 days. and within 24 h of a stefm event p ,.d g 0.5 ieh f K1aK Y.1L11111 VT 11V{Arc Inspection reports shall be maintained in a site log book. §236-19. Activities covered. Amendments to Chapter 236 Public Hearing August 26, 2014 3 B. 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: (1) Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation's §303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (2) Stormwater runoff from land development activities disturbing five or more acres. (3) Stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences, construction of single-family residential subdivisions with less than 25% impervious cover at total site build-out and construction activities at agricultural properties. (4) Stefmwater-runeff ffem land development aefivity asseeiated with single fe& ily homes ,di fee l., .d,L...l algin,. to 303(d\ � ,d 1, ...... •) .•..aaa..., »...,., .) »..,..aa a�,a ab V ...v.��u� segments aaaaYuaavu vy pollutants rvla4e d t., land .deyelepRient ae iyitio identified the N t.,................ .vauw» Lv a»aau uv YvaVNalavaaL uvLlY lLa Yer-k State T epai.t., ent of nyi«efff ent.,l Genom t' CPDES general .V... v•...v ai VrLU L11aV 11L V1 1�La Yaa Vlul1V11Gu1-� per-mit fa VVnstfue Vn ae y1tes (GP 0 10 001), a amended, (5) Stafmwatef runoff ffem land development aefivity asseeiated with single family fess ent7„1 subdivisions difeetay u1seh t 303(d) segments- impaifed by pollutants related to zcnadevelopment-cctrv'tca-cs-identified c in the New Ye fk State Depai.fnent .,f E t 1 Consen,atien aaa aaav New aVia� ULNLV LVI./Gla L111V11L Vl Lll SPPES general ro... lt for-vvnst fueta„n uvt 't (r_v n 10 001) as , III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have here the notice of public hearing. I have an affidavit of posting from the Town Clerk's bulletin board, signed and notarized. I also have an affidavit of publication in the Suffolk Times newspaper. Also notarized. I do have a letter here from the Planning Board stating that the proposed action has been reviewed to the New York State Department of Environmental Conservation regulations and it is their determination that pursuant to section 617.5 C 27, the Amendments to Chapter 236 Public Hearing August 26, 2014 4 action is a type II action and therefore is not subject to SEQRA review. And I do have a letter here 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 local waterfront revitalization program policy standards. It is my recommendation that the proposed action is consistent with the LWRP and therefore is consistent with the LWRP." I do have a letter from the Suffolk County Department of Planning received on August 20th "Pursuant to the requirements 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 of local determination and there is no apparent significant county-wide or inter-community impacts. The decision of local determination should not be construed as either an approval or disapproval." SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law now? (No response) This hearing was closed at 7:59 PM • �. yrGG��ct� Eli beth A. Neville Southold Town Clerk ,,ham STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE September 8, 2014 Lynda M Rudder RECEIVED Deputy Town Clerk 2014 Town Hall, 53095 Main Road SEP 1 5 PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 9 & 10 2014, filed on September 8, 2014 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 474-2755 WVVW.DOS.NY.GOV E-MAIL:INFO@DOS.NY.GOV t ,arra, RESOLUTION 2014-734 ADOPTED DOC ID: 10068 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-734 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26, 2014: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 291h day of July, 2014, 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 public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now there for 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. 9 of 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Amendment is to remove an unnecessary, burdensome requirement for inspections of erosion and sediment control practices following heavy rain to be consistent with similar provisions of the Environmental Conservation Law and to correct certain definitions and typographical errors. H. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: §236-5. Definitions. CONSTRUCTION ACTIVITY 4-) Activities involving land disturbance of 5,000 square feet or more including disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.; ani d h F. stfuetion t' •t ren 0 10 001or- amended s evised Tl, ---PDES p—mo ;t aetiyitie elude stir t; eta oo„ltin land of Town of All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. 1 Resolution 2014-734 Board Meeting of August 26, 2014 STORMWATER MANAGEMENT OFFICER (SMO) An employee or officer designated by the Town to accept and review stormwater management control plans and stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices §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 pert permanent 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. 4236-9. 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 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 50%. (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 days. nd �A,ithi, 24 h storm event p edti g 0.5 . eh Of t llltl 1N1111 VT 11V 111J Vl-i1.i < pr-eeipitation of more. Inspection reports shall be maintained in a site log book. §236-19. Activities covered. B. 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: (1) Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation's §303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (2) Stormwater runoff from land development activities disturbing five or more acres. (3) Stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences, construction of single-family Updated: 8/26/2014 2:01 PM by Lynda Rudder Page 2 Resolution 2014-734 Board Meeting of August 26, 2014 residential subdivisions with less than 25% impervious cover at total site build-out and construction activities at agricultural properties. ( ) Sten:n »te. runoff from land development uefiya+juoovvlu+wu with single- family i,,.mes di,.oa+l., diseha,.,Ying to 303(d) segments ,l 1, pollutants rola ed+„ lana development+ fi '+' identified the AT i......»r»...v .va H.vM vV aGalau �{VYVlVl.J111V11G UVGl YGG1V York v.asaV LVIJ U3 G111V11G of L11Y 11 V1U11ViiG pe fm1+ fVr VVnstruetinn ae „ities (GP n 10 001 , as amended-. . (5) Stefmwater- funeff fFem land development aefivity asseeiated with single family fesidential subdivisions ,l' VV+Gl1' ,l'JV111,U1 b111g+ 303(d) segments GA1G impaired by pollutants ..elated to land development+ +iyi+ies identified .l t' J rva.,..,uaaw avaµavu GV hila RG��G1'l7pSiIGTrC—CCCGT'iTClCJ'GT.^Tlt[GI2'CTZiG�[ in theNe New Yer-k State D Gp'Rfnen+-Of LI' TTOi1GT+al CeT7Cr 'L+I p7 SPDES general Yvl alalG for vvaa.Yu uvuvlaefivifies , as amended. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 8/26/2014 2:01 PM by Lynda Rudder Page 3 Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Wednesday, September 03, 2014 11:03 AM To: Rudder, Lynda Subject: RE: LL#9 of 2014 Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail your Account Representative. General Code 1-800-836-8834 ersupp(o)generalcode.com Southold Town Board - Letter Board Meeting of August 26, 2014 ®w RESOLUTION 2014-732 Item # 5.33 t ADOPTED DOC ID: 10065 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-732 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26, 2014: RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 236, Stormwater Management" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA 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: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated August 26, 2014 Page 45 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City El Town of SOUTHOLD ❑ Village Local Law No. 9 of the year 2014. A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management". Be it enacted the Town Board of the: ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village I. Purpose. The purpose of this Amendment is to remove an unnecessary, burdensome requirement for inspections of erosion and sediment control practices following heavy rain to be consistent with similar provisions of the Environmental Conservation Law and to correct certain definitions and typographical errors. I1. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: §236-5. Definitions. CONSTRUCTION ACTIVITY - Activities involving land disturbance of 5,000 square feet or more including disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. STORMWATER MANAGEMENT OFFICER (SMO) - An employee or officer designated by the Town to accept and review stormwater management control plans and stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices §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: (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239(Rev.05/05) 1 A. All land-disturbing activities or the 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 approval of the Stormwater Management Officer is not required under this Chapter. §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 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 50%. (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 days. Inspection reports shall be maintained in a site log book. §236-19. Activities covered. B. 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: (1) Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation's §303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (2) Stormwater runoff from land development activities disturbing five or more acres. (3) Stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single- family residences, construction of single-family residential subdivisions with less than 25% impervious cover at total site build-out and construction activities at agricultural properties. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2 (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. 9 of 20 14 . of the (Town) ) of SOUTHOLD was duly passed by the TOWN BOARD on AnSust 26 20 14 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ,and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or, If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote 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 of the County legislative body. City. Town or (,Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville,Town Clerk Date: September 3,2014 (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 corms e corr text and that all proper proceedings have been had or taken for the enactment of the local law annexe ereto. Signa re Martin innegan,Town Attorney Stephen F. Kiely,Assistant Town Attorney Title Town of SOUTHOLD Date: September 3,2014 4 Steven Bellone RECEIVED SUFFOLK COUNTY EXECUTIVE Department of AUG 2 8 2014 Economic Development and Planning Joanne Minieri SOUthold tT��$ Q�rk Deputy County Executive and Commissioner Division o n and Environment August 20, 2014 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth A.Neville Applicant: Town of Southold Zoning Action: Adopted Resolutions 2014-657 &658 "A Local Law in relation to Amendments to 236, Stormwater Management S.C.P.D.File No.: SD-14-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning jdrew P.Freleng lanner APF:cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 ti �qrra* Q RESOLUTION 2014-734 ADOPTED DOC ID: 10068 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-734 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26,2014: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29"' day of July, 2014, 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 public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now there for 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. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Amendment is to remove an unnecessary, burdensome requirement for inspections of erosion and sediment control practices following heavy rain to be consistent with similar provisions of the Environmental Conservation Law and to correct certain definitions and typographical errors. II. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: §236-5. Definitions. CONSTRUCTION ACTIVITY 4-} Activities involving land disturbance of 5,000 square feet or more including disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. rl i seh es ffem eenstfuetion ,•. •+ ren n 10 00 or- afnena a or-r-eva distufbanee of one of more aeres unless determined other-wise by the Depai4ment or-Toimi of All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. Resolution 2014-734 Board Meeting of August 26, 2014 STORMWATER MANAGEMENT OFFICER (SMO) An employee or officer designated by the Town to accept and review stormwater management control plans and stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices §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 permanent 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. 4236-9. 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 forth in Articles II and/or 111, 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 50%. (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 days. And within 24 heels of any stenn evepA py-edueing 0.5 ineh f preeipita4ien or-mar-e. Inspection reports shall be maintained in a site log book. §236-19. Activities covered. B. 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: (1) Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation's §303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (2) Stormwater runoff from land development activities disturbing five or more acres. (3) Stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences, construction of single-family Updated: 8/26/2014 2:01 PM by Lynda Rudder Page 2 . 1 Resolution 2014-734 Board Meeting of August 26, 2014 residential subdivisions with less than 25% impervious cover at total site build-out and construction activities at agricultural properties. CTI family t,. mes dire.tly thiel,.,,-ging to 303(() segments ; fe 1... pollutants related to !a-nd development aetivities as idepAified in the Ne Yefk State DopaFtme t of esny ,,.,.,,ental Gonsefy tier SPDES general ofor- , as amended, (5) Qt,.,-m.,..,to,- e ff from land development aetiy t y asseeiatedwith single segments- impair-ed by n„11„t..nts related to l.,n.l development aetiy ties as identified in the New York State Tlepai*,Y eel of En-yir-en„„ental Censer-y do amended. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 8/26/2014 2:01 PM by Lynda Rudder Page 3 SUMMARY OF LL/CHAPTER 236 AMENDMENTS THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING CONSISTS OF NON-SUBSTANTIVE AMENDMENTS TO THE STORMWATER MANAGEMENT CODE TO REMOVE AN UNNECESSARY, BURDENSOME REQUIREMENT FOR INSPECTIONS OF EROSION AND SEDIMENT CONTROL PRACTICES FOLLOWING HEAVY RAIN TO BE CONSISTENT WITH SIMILAR PROVISIONS OF THE ENVIRONMENTAL CONSERVATION LAW AND CORRECTS CERTAIN DEFINITIONS AND TYPOGRAPHICAL ERRORS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN TONIGHT'S AGENDA, IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment August 20, 2014 Town of Southold RECEIVED 53095 Main Road P.O. Box 1179 AUG 2 6 2014 Southold,NY 11971 Attn: Elizabeth A.Neville to Southold Town Clerk Applicant: Town of Southold Zoning Action: Adopted Resolutions 2014-657 &658 "A Local Law in relation to Amendments to 236, Stormwater Management S.C.P.D. File No.: SD-14-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning erendw P. Freleng Planner APF:cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11768-0099 ■ (631)853-5191 OFFICE LOCATION: ��0� $U(/ry0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 ,t► �� Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Supervisor Scott Russell AUG 2 2 2014 Town of Southold Town Board • From: Mark Terry, Principal Planner Southold Town Clerk LWRP Coordinator Date: August 21, 2014 Re: Local Waterfront Revitalization Coastal Consistency Review "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department 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. Cc: Martin Finnegan, Town Attorney MAILING ADDRESS: PLANNING BOARD MEMBERS �'QF SQUry P.O.Box 1179 DONALD J.WILCENSKI ��V� DSO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS H Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III 'tel (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �COU'M�� Southold, NY I�1, Telephone: 631 765-1938 www.southol dtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Scott Russell, Supervisor Members of the Southold Town Board AUG 2 2 2014 4 rom: Mark Terry, Principal Planner LWRP Coordinator Southold Town Clerk Date: August 21, 2014 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5C(27), the action, as proposed, is a Type II action and therefore not subject to SEQRA review. 617.5(c)(27) 'adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list,-" Please contact me with any questions. Cc: Martin Finnegan, Town Attorney #11830 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) successfully commencing on the 14th day of August, 2014. Principal Clerk r Sworn to before me this day of 2014. the effectiverom of all erosion and sedi- ment coati- r racticesevery seven days LEGAL NOTICE pradveins 0.5 ktion or NOTICE OF mere:-Inspection reports shall be main- PUBLICHEARING tained in a site log book. CHRISTINA VOLINSKI NOTICE IS HEREBY GIVEN, §236-19,Activities covered. NOTARY PUBLIC-STATE OF NEW YORK there has been presented to the Town B.-Construction activities that dis- Board of'the Town of Southold,Suffolk charge or potentially discharge storm- No. 01V06105050 County,New York,on the 29th day of water to surface waters,whether directly 61 u a Iif ied in Suffolk County July,2014,a Local Law entitled"A Lo- or indirectly via an MS4,and that meet My Contnllttion Expires February 28, 2016 salltrglatioa to Ameadma_pts to any one of the below thresholds,shall also:include water quantity and quality NOTICE IS HEREBY FURTHER controls (post-construction stormwater GIVEN that the Town Board of the runoff controls) as set forth in §236- Town of Southold Will hold a public 20(C)(2)as applicable: hasriag 00:the aforesaid Local Law at (1)Stormwater runoff from lard de- So*dwW Zbwa k#ahl,53095 Main Road, velopment activities discharging a pol- Southold,New York,ou the 26th day of lutant of concern to either an impaired Agasy 3014 at WV pia.at which time water identified on the New York State all interested persons will be given an Department of Environmental Censer- opportunity to be heard. I I vation's§303(d)( )list of impaired waters or TYe proposed Local Law entitled,"A a Total Maximum Daily Load(TMX) LdLlii�[t'l�tlt!>E414 AWditkt4 designated watershed.for which pollut- y�ear L taratwater M' e�mgpf" ants in stormwater have been identified reads as follows as a source of the impairment. LOCAL LAW NM 2,014 (2)Stormwater runoff from land de- A Local Law entitled,"A iJ velopment activities disturbing five or la NlaBaa to Anwadme®ts to E'h�Ttt more acres 1�.Skwwater Maaarereent". (3)Stormwater runoff from land de- lilt: 11T;ENACTED by the Town velopment.activity_disturbing beton Board of.the Town_ of Southold as fol- one acre and five acres of land dining lows: the course of the project,exclusive of the L construction of single-family residences, The-Purpose of this Amendment is construction of sin eA mi y sectdenaial to remove an unnecessary,burdensome subdivisions with less than % requirement for inspections of erosion vious cover at total site bid-out and and sediment control practices following construction activities at agricultural heavy rain to be consistent with similar properties provisions of the Environmental Con- (4)Stormwatei unoff&m land de- servation Law and to,correct certain32n- definitions and typographical errors gle family homes dftV�tIy!9ehft8 IL Chapter 236 of the Code of the 303(d)seginents Town of Southold is hereby amended as follows: §236-5. Deflaitious. CONSTRUCTION ACIIVr1rY SPBES genet al. etion +� Activities involving land distur bance of.5AW square feet or more in (5) St"watm itmeff from land - cluding disturbances of less than 5,000 square feet that are part of a larger com- mon plan of development that will ultidireetly disdisiging to 303(d)segments - mately,disturb 5,0W or more square feet impaired by polititants related to land Of land,excluding routine maintenance activity that is performed to maintain the the New York State Department OfEft- original line and grade,hydraulic capac- ity or original purpose of a facility.;aniactivities or(2)activities equiiing,nathmiza (GP-0 10 001),as wrtended. !07 . , e " _IIL.SEVERABUITY If any clause, sentence, paragraph, section,or part of this,Local Law shall be adjudged by any court of competent k land jurisdiction to be,invalid,the judgment less shall not affect the validity of this law as _0 rvim by.the Bepart7 a whole or any part thereof other than All construc- the part so decided to be unconstitution- tion activities include but are not limited al or invalid. . to clearing and,grubbing,grading,exca- IV. EFFECTIVE DATE vating and demolition. This Local Law shall take.effect im- STQRMWATERMANAGEMENT mediately upon fling with the Secretary OFUCER(SMOY of State as Anemployee or officer designated Dated: July-29,2014 by the Town to accept and review storm- BY ORDER OF THE water mans ns and TOWN BOARD storspwaUer p ution prevention,plans, OF THE TOWN forward the plans to the applicable mu- OF SOUTHOLD niqpal board and,inspect stormwater Elizabeth A.Neville management practices Town Clerk §236.7.. Performance and design cri- 118304T 8/14 tails for story water,management and aro"and.aeilmeat control. All land development activities shall be subject to the following performance and design criteria: A.All land-disturbing activities or the addition gr "cement of impervious surfaces shall-provide temporary and permit cons', controls Contain a two. �AtR.tl!�a, �rhere approv- al Of*St ter Management Of- ficer st nolsegttared} deer the Chapter. A.Maiatemi um and inspection dur- (1)The applicaatcaadefrelnper of any, lattadevelopmentac ..IAii> droa� der this chapterf as tird,er tls Ariidea: 11`and/or III, or flair representative shall,at as times,properly aperate and, maintain all fa "°and 4plirns of treatment and control(And related ap- purtenances)which are installed or used by the applicant to achieve compliance v4 th the requirements of this chapter. 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 I said Newspaper once each week for 1 week(s) successfully commencing on the 14th day of August, 2014. Principal Clerk r Sworn to before me this day of 2014. the a am of all was ow sad sedi- ment"t;oltr'.wracticgs every seven days. LEGAL NOTICE Nor"OF mete-Inspection rep"shaltbemaw CHRISTINA VOLINSKI PUBLIC HEARING tained in a site log book. NOTICE IS HEREBY GIVEN, §236-19.Aclivitkscovered. NOTARY PUBLIC-STATE OF NEW YORK there has been presented to the Town B. Construction activities dot dis- Nq. 01V06105050 Board of the Town of Southold,Suffolk charge or potentially discharge storm- County,New York,on the 29th day of water to surface waters,whether directly Q uQ lIf ied in Suffolk County July,2014,a Local Law entitled"A Lo- or indirectly via an MS41and tharmeet My Commission Expires February 28, 2016 d Lnr t.relation to eo Amdw=b to any one of the below`thresholds,shall alsminclude water quantity and quality NOME IS HEREBY FURTHER controls (post-construction stormwater GWEN that the Town Board of the " runoff controls) as set forth in ;236- Town of Southold will hold a public 20(C)(2)as applicable: bmrMg aja.the aforesaid Local Law at (1)Stormwater run(*from land de Sw0wild1Ye m glad,53095 Maim Road, velopment activities discharging a pd- Southold,New York,on the 26th day of hutant of concern to either an imp Atymt,2014 at,7:32 pss.at which time water identified on the New York State all interested persons will be given an Department of Environmental Cemtr- oppostmity to be heard. vation's§303(d)list of impaired wAm at 'Ilse proposed Local Law entitle04A a Total Maximum Daily Load(TMDL) Ilr+ii �q relation to Amendments to,; designated watershed:for which poitut- s� ¢Stnrtw iter MSemetat" anis in stormwater have been identified reads as follows: as a source of the impairment. LOCAL LAW NO, 201d (2)Stormwater runoff from land de- A Local Law;entitled,;KA Loral Lsvr velopment activities disturbing five or rulutlnn to Amendmemits to Chanter more acres. 23L.S water 1K91111«+meat". '(3)Stormwater runoff fi-om land de- W IT El'ACl'EI? by the Town velopment.dkAvity disturbing,bu hroon Board of the Town of-Southold as fol- oae;scre and fiye acres of land during lows the coarse of the project,exclusive of the L Purpose, c6iistruction of single-family resideat+ss TM purpose of this Amendment is construction of sin¢l'-f miy arida dd to remove an unnecessary,burdensome subdivision&with less than 25%iopcLz requirement for..inspections of erosion vwus-cover at total site build-out and and sediment control practices following construction activities at agricultural heavy raw to be consistent'with similar properties provisions of the Environmental Con- .. servation.Law and to,correct certain weleptnent with sin definitions and typographical errors EL Chapter ZS6 of the Code of the 303(d)seMent. Town of Southold is hereby amended as follows: ideftmed in the Vart. §236-5.Deftitious. CONSTRUCTION Acnvr Y SPDES general permit fm constrociian i) Activities involving:land distur= , bance of 5,000 square feet or more in- runoff from land eluding disturbances,of less than 5;000 square feet that are part of a larger com- mon plan of development that will ulti- mately disturb 5,000 or snore agnare,feet; of land,excluding routine maintenanc® activity that is performed to maintain the original line and grade,hydraulic capac- ity or original purpose of a facility.;aedi ` amended.or (2)activities tetlafting authorization GP-0-10-091),as 1f any clause, sentence, paragraph, amended or.tevised section,or part,of thisLocal°Law-shall be adjudged by any gourt.of competent loud jurisdiction to be;invalid,.the judgment -W ntme epee 1-111 mess shall not affect the validity. of this law as determined othe.wise by.the Dqwt- a whole or any,part thereof other than ment or Tmm of So All construe- the part so decided to be unconstitution- tion activities include but are not limited al or invalid. to clearing and grubbing,grading,exca- IV. EFFECTIVE DATE vating and demolition. This Local Law shall take effect un- STORMWAI'ER MANAGEMENT mediately upon filing with the Secretary OFFICER(SMO) of State as An employee or officer designated Dated..July 29,2014 by the Town to accept and review storm-- BY ORDER OF THE water m, ,, Went, control plans and TOWN BOARD stormwater pollution prevention plans, OF.THETOWN forward the plans to the applicable mu- OF S,OUTHOLD mcipal board and inspect stormwater Elizabeth A.Neville management practices Town Clerk §236-7, Performance and design cri- 118304T 8/14 teris for stormwater aumsement and erosion and sediment control. All land development activities shall be subject to the followingperformance and design criteria: A.All land-disturbing activities or the addition or r"cement of impervious surfaces shall provide temporary and permit p=UWA construction controls mid 'be1,tti contain a twe- _ ittdm rai�all.�sste,..aaran:aadtete aptpuarv- al of the Stormwater Management Of- ficer isnot,required.twsler this Chapter. A.Maintenance and inspection dur- ing.eonatruction. (1)'Ihe applicant of develaper of aaay., land develo ment-acto�RF der this chapter,as set 7Artisks 1:I, and/or M, or.their representative shall,at all times,properly operate and maintain all faciud"`#Ad'-s}RNems,of treatment and control(Mind related ap- purtenances)which are installed or used by the applicant to addeve compliance with the requirements ofthio r Sediment shall be r'emo'ved from any sediment traps or sediment ponds when- ever their design capacity has been re- duced by 50%. (2)For land development activities-as defied.in Article III,1236.19,the appli- cant shall have a qualified professional" conducU site inspections and document STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE,Town Clerk of the Town of Southold,New York being duly sworn, says that on the 8th day of August , 2014, 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. PH 8/26 7:32 pm— Chapter 236, Stormwater Management Elizabeth A. Neville Southold Town Clerk Sworn before me this 8th day of August otary Public LYNDA M. RUDDER Notary Public,State of NewYotk No.01 RU6020932 Qualified in Suffolk County Commission Expires March 8,2w 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 29th day of July, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day of August, 2014 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" reads as follows: LOCAL LAW NO. 2014 • A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Amendment is to remove an unnecessary, burdensome requirement for inspections of erosion and sediment control practices following heavy rain to be consistent with similar provisions of the Environmental Conservation Law and to correct certain definitions and typographical errors. II. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: §236-5. Definitions. CONSTRUCTION ACTIVITY • 44 Activities involving land disturbance of 5,000 square feet or more including disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility., and/of nd�of (2) activities ry „thefiz,,tion {AIIdVl-the WDES permit .t.,,.ties elude nstmetion r Bets r „1ting .n land disturb nee of ,r.o kV II Y Iil V�-riI � ..loss detoY.Yv.ined other-wise by the TIopaft.�e t of Town of or-111VrV caVrVj unless cicic�i rr Southold.-All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. STORMWATER MANAGEMENT OFFICER (SMO) An employee or officer designated by the Town to accept and review stormwater management control plans and stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices §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 pefmit permanent 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. 4236-9. 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 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 50%. (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 days. and within 24 hours of any stefm e pr-edueing 0.5 ineh of pfeeipita4ien of mofe. Inspection reports shall be maintained in a site log book. • §236-19. Activities covered. B. 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: (1) Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation's §303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (2) Stormwater runoff from land development activities disturbing five or more acres. (3) Stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences, construction of single-family residential subdivisions with less than 25% impervious cover at total site build-out and construction activities at agricultural properties. (4) Stefmwa4eF ftineff from land development aetivity asseeiated with. identified in the Ale.,, V„«L Staw Depai4.,.,e.,t ,.f 1~'nyir-,,,, ental Gensen,atiefl QPPES genefal pefmitfer-eenstmetien eti„itie (GP 0 10 001 ., endo,] (5) et t r-tineff f em land ,de„elepme,,,t ,,,.ti„:t„ ., ated with l. sinale 4'.,,f,;1„ «e sidenti �, .1 l subdivisions di«eetl :.,.,1, v 303(d) segments impaifed by pollutants «ela4edto land deyel.,,-,,,.,ent activities as identified in the New Yerk Swe • for-, nstnuetion ae iyities (GP 0 10 001), a ,y„ ea III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as Dated: July 29, 2014 BY ORDER OF THE TOWN BOARD • OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON August 14, 2014, 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 Town Board Members Town Attorney TC's Bulletin Board Town Website Engineering gUFFO(,f-�O ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 H ? Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • .� Fax(631)765-6145 MARRIAGE OFFICERy RECORDS MANAGEMENT OFFICER ��,( .#ate Telephone 765-1800 www.southoldtldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 1, 2014 Re: Resolution Number(s) 2014-657&658 "A Local Law in Relation to Amendments to Chapter 236 Stormwater Management of the Code 7 of the Town of Southold,Southold, NY Andrew P. Freeling,Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on July 29,2014 adopted the resolution(s) referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is • also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing is 7:32PM,Tuesday, August 26,2014 Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, i�,Y2 ' ,P Eliza th A. Neville Southold Town Clerk Enclosure cc:Town Board Town Attorney o�,; gUFFOj,f-�O ELIZABETH A. NEVILLE,MMC �� G.f, Town Hall, 53095 Main Road TOWN CLERK o P.O.Box 1179 CA 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS d `F Fax(631)765-6145 MARRIAGE OFFICER 'y RECORDS MANAGEMENT OFFICER ��,( .� Telephone 765-1800 FREEDOM OF INFORMATION OFFICER www•southoldtldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 1, 2014 Re: Resolution Numbers 2014-657&658"A Local Law in Relation to Amendments to Chapter 236, Stormwater Management of the Code of the Town of . Southold, New York Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr.Wilcenski: The Southold Town Board at their regular meeting held on July 29, 2014 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to • this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:32PM,Tuesday,August 2014. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Eli eth A. Neville Southold Town Clerk Enclosure cc:Town Board RESOLUTION 2014-658 � e ADOPTED DOC ID: 10006 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-658 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2014: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled"A Local Law in relation to Amendments to Chapter 236, Stormwater Management"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell RESOLUTION 2014-657 ADOPTED DOC ID: 10005 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-657 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29,2014: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of July, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 26th day of August, 2014 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. • The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Amendment is to remove an unnecessary, burdensome requirement for inspections of erosion and sediment control practices following heavy rain to be consistent with similar provisions of the Environmental Conservation Law and to correct certain definitions and typographical errors. II. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: §236-5. Definitions. CONSTRUCTION ACTIVITY 4-} Activities involving land disturbance of 5,000 square feet or more including disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.;-ani .tiyitie „ther-i.,.,tion under-the SPDES` mit for-st...�,.,.,..,tef HV1l vili�.:J iel^.1 Ulrili�, UUL11V 11LUl1VII v discharges ffom constr-uetion aefivity, GP 0 10 00 1 of as amended or-revised. 1 Resolution 2014-657 Board Meeting of July 29, 2014 These SPDES ..o...-,,:t aetiy tie inelude enstruetio prejee+ resulting in land dist,,.-banee of onefner-e aer-es ,.,less deto... fined ether- b the n ft t or-Toym of South e All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. STORMWATER MANAGEMENT OFFICER (SMO) An employee or officer designated by the Town to accept and review stormwater management control plans and stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices §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 peipermanent 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. 4236-9. 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 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 50%. (2) For land development activities as defined in Article 11I, §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 days. and within 24 houfs of any stafm o oit p „d„ „ 0.5 ineh of precipitation or-more. Inspection reports shall be maintained in a site log book. §236-19. Activities covered. Updated: 7/29/2014 12:08 PM by Lynne Krauza Page 2 Resolution 2014-657 Board Meeting of July 29, 2014 B. 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: (1) Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation's §303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (2) Stormwater runoff from land development activities disturbing five or more acres. (3) Stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences, construction of single-family residential subdivisions with less than 25% impervious cover at total site build-out and construction activities at agricultural properties. per-mit(4) Stefmwater-funeff from land development aefivity asseeiated with single- pellutants related to land development aetivities as iden4ified in the Nev., York State Depai4ment of Envir-onmental Censer-va4ien SPD , as o single- family residential subdiyis ens direetly d:seh r, ing to 303(d) se o„+� in the New York State Department of Environmental Censer-vation SPDES general permit f r „s+r,,,.+:,.,, ,,,.+: hies iron n i n 00 ) 0rm , , a amended III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as Updated: 7/29/2014 12:08 PM by Lynne Krauza Page 3 1 Resolution 2014-657 Board Meeting of July 29, 2014 provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell • Updated: 7/29/2014 12:08 PM by Lynne Krauza Page 4 Neville, Elizabeth From: Krauza, Lynne Sent: Friday,August 08, 2014 9:30 AM To: Lanza, Heather, Neville, Elizabeth; Rudder, Lynda Cc: Wilcenski, Donald Subject: RE: Planning Board comments: Local Law 2014-657 Stormwater Thank you. From: Lanza, Heather Sent: Friday, August 08, 2014 9:18 AM To: Neville, Elizabeth; Rudder, Lynda Cc: Krauza, Lynne; Wilcenski, Donald Subject: Planning Board comments: Local Law 2014-657 Stormwater Resolution Number 2014-657 "A Local Law in Relation to Amendments to Chapter 236 Stormwater Management" *be Planning Board has no comments on the proposed amendments. Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O.Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanza(@town.southold.nu.us 1