A.
Any application for approval of a land development
activity that will result in land disturbance between 5,000 square
feet and one acre shall submit an erosion and sediment control plan
prepared in accordance with the most current version of Appendix E
(Erosion and Sediment Control Plan for Small Home Site Construction)
of the New York Standards and Specifications for Erosion and Sediment
Control. The submittal shall include the appropriate application forms,
fees in accordance with the Code of the Town of Southeast, and required
plans.
B.
Any application for approval of a land development
activity that will result in land disturbance equal to or greater
than one acre shall submit a stormwater pollution prevention plan
(SWPPP) prepared in accordance with the specifications in this chapter.
The submittal shall include the appropriate application forms, fees
in accordance with the Code of the Town of Southeast, and the plans
and materials described below. The submittal shall address the SWPPP
requirements and contents below and the performance and design criteria
set forth elsewhere in this chapter.
C.
Stormwater runoff from land development activities
in Southeast may discharge a pollutant of concern (phosphorus) to
either an impaired water identified on the NYSDEC'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. Therefore, erosion and sediment controls and water
quantity and water quality controls (postconstruction stormwater runoff
controls) must be addressed.
D.
All SWPPPs shall provide the following background
information and erosion and sediment controls. Plans shall be at a
scale no smaller than one inch equals 50 feet and should be prepared
by and bear the name, signature and seal of a professional engineer,
landscape architect or certified professional, as required by law
and licensed by the State of New York. Elements of such plans and
related studies and materials may be prepared by other designers or
technicians as authorized by law and noted on the documents submitted.
The professional preparing the plan shall certify that the design
of all stormwater management practices (SMPs) meets the requirements
in this chapter. The following information and plans shall be provided:
(1)
Background information about the scope of the project,
including the location, type and size of the project.
(2)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
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 off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s).
(3)
A description of the soil(s) present at the site.
(4)
A construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
(5)
A description of the pollution prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff.
(6)
A 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.
(7)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project from initial land clearing and
grubbing to project closeout.
(8)
A site map/construction drawing(s) specifying the
location(s) size(s) and length(s) of each erosion and sediment control
practice.
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins.
(10)
Temporary practices that will be converted to permanent
control measures.
(11)
An 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.
(12)
A maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice.
(13)
The name(s) of the receiving water(s).
(14)
A delineation of SWPPP implementation responsibilities
for each part of the site.
(15)
A 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.
(16)
Any existing data that describes the stormwater runoff
at the site.
E.
All SWPPPs shall provide the following water quantity and water quality controls (postconstruction stormwater runoff controls) in accordance with the same standards for plan scale and preparation required for erosion and sedimentation controls as set forth in § 119-6D:
(1)
A description of each postconstruction stormwater
management practice.
(2)
A site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice.
(3)
A hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
(4)
A comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions.
(5)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(6)
A maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
(7)
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.
F.
The Planning Board or the Building Department (for
applications for land development activity not requiring Planning
Board approval), upon written request by the applicant, may consider
a waiver of specific provisions of these regulations. The written
request from the applicant must include reasoning for each of the
provisions to be waived. The Planning Board or the Building Department
may waive specific provisions if requested, provided that, in its
judgment, the particular circumstances of the proposed land development
activity are not requisite in the interest of the public health, safety
and general welfare and the waiver of same will still result in an
erosion and sediment control plan and/or SWPPP that is consistent
with the findings and purpose of this chapter as stated herein. No
waiver shall be granted that would limit, reduce or impair the effectiveness
of any other law applicable to the land development activity.
[Amended 11-30-2023 by L.L. No. 11-2023]
All land disturbance activities shall be subject to the following
performance and design criteria:
A.
Technical standards.
(1)
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 of this chapter.
(a)
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").
(b)
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, hereafter referred to
as the "Erosion Control Manual").
(3)
Water quality standards.
(a)
Post-construction stormwater management controls shall be designed
in accordance with the most current version of the New York State
Department of Environmental Conservation Enhanced Phosphorus Removal
Design Criteria.
(4)
Tree clearing and restoration standards.
(a)
All clear-cutting activities shall be required to prepare a
tree removal and restoration plan that shall include:
[1]
The quantity, size, type, and location of trees to be removed.
[2]
The location of existing trees eight inches DBH or greater.
[3]
The location of wetlands, watercourses, and associated buffers as defined in Chapter 78 of the Town Code.
[5]
Slopes in excess of 25%.
[6]
The proposed start date and anticipated completion date of the
project.
(b)
Required buffer. All clear-cutting activities shall maintain
a tree buffer area along adjacent public rights-of-way and/or publicly
owned property. A minimum of three trees per 100 linear feet shall
be required in said buffer area. The tree buffer area, and trees within
the buffer, shall be clearly indicated on the tree removal and restoration
plan.
(c)
Required bond. All clear-cutting activities shall be required
to bond for the replacement and restoration of the removed trees in
such amount as the MS4 Coordinator deems necessary to ensure that
all disturbed areas will be restored.
(d)
Waivers. The Town Engineer, upon written request by the applicant, may consider a waiver of specific provisions of § 119-7A(4). The written request from the applicant must include reasoning for each of the provisions to be waived. The Town Engineer may waive specific provisions if requested, provided that, in its judgment, the particular circumstances of the proposed tree clearing activity are not requisite in the interest of the public health, safety and general welfare and the waiver of same will still result in the stabilization of the site, preservation of certain trees, and restoration of trees where appropriate. No waiver shall be granted that would limit, reduce or impair the effectiveness of any other law applicable to the land development activity.
A.
Regulated activities subject to administrative permit. At the discretion of the Building Department, any land development activity that does not require review by the Planning Board and is a regulated activity under § 119-3 requires an administrative permit, subject to the requirements of this chapter.
B.
Regulated activities subject to review of Planning Board. Any applicant proposing to conduct a land development activity that requires Planning Board review as defined in § 119-3 shall file a complete application, plans and materials as part of the application submission to the Planning Board in accordance with the SWPPP requirements, contents and performance and design criteria set forth herein.
C.
The submittal to the Building Department or Planning
Board shall include the original application and the number of copies
of all forms, plans and materials necessary, as determined by the
Building Department or Planning Board, to distribute to all reviewers,
including the Town Engineer; and any related consultant or agency.
The submittal shall be organized by the applicant into identical packets
containing all forms, plans and materials for each reviewer. Upon
receipt of all required plans and materials and fees, the Building
Department or Planning Board shall distribute to the Town Engineer
and all reviewers and may send multiple packets to a reviewing board
to distribute to its members.
D.
The Town Engineer shall review the plans and materials
and provide a written report to the Planning Board or the Building
Department. The Engineer's report shall indicate whether the application,
plans and materials are complete for the purpose of granting approval,
including performance and design criteria, and indicate what must
be provided to make the application complete and properly designed.
The applicant must revise and resubmit the application, plans and
materials to fully address the erosion and sediment control plan and/or
SWPPP requirements set forth herein and the Engineer's comments. The
steps of engineering review, report and application revision and resubmittal
shall be repeated until the application, plans and related materials
are complete and properly address the performance and design criteria
set forth herein.
E.
Action on applications subject to review by the Planning
Board. Any land development activity subject to review and approval
and/or permitting under the Town's requirements and regulations for
fill, wetlands, sand and gravel and tree removal, streets and sidewalks,
subdivision and site development plan and/or zoning requirements shall
be reviewed subject to the requirements and standards contained in
this chapter. The review of the erosion and sediment control plan
and/or stormwater pollution prevention plan (SWPPP) shall run concurrently
with the procedure for review, approval and permitting under the other
above-noted regulations. Upon review of the land development activity
and the accompanying erosion and sediment control plan and/or SWPPP,
the consulting Town Engineer shall provide a written recommendation
to the Planning Board indicating that approval of the erosion and
sediment control plan and/or SWPPP be granted, granted with conditions
and/or modifications, or denied. Any recommendation for denial shall
provide specific reasoning for the decision.
F.
Action on applications subject to administrative permit.
In the event that there is no other review, approval or permitting
process involving the Planning Board or another reviewing Town agency,
the Town Engineer shall provide a written recommendation to the Building
Department indicating that a permit for the erosion and sediment control
plan and/or SWPPP be granted, granted with conditions and/or modifications,
or denied. Any recommendation for denial shall provide specific reasoning
for the decision.
A.
Each contractor and subcontractor identified in the
erosion and sediment control plan and/or SWPPP who will be involved
in soil disturbance and/or stormwater management practice installation
shall sign and date a copy of the following certification statement
before undertaking any land development activity: "I certify under
penalty of law that I understand and agree to comply with the terms
and conditions of the erosion and sediment control plan and/or stormwater
pollution prevention plan. I also understand that it is unlawful for
any person to cause or contribute to a violation of water quality
standards."
B.
The certification must include the name and title
of the person providing the signature, the address and telephone number
of the contracting firm, the address (or other identifying description)
of the site, and the date the certification is made.
C.
The certification statement(s) shall become part of
the erosion and sediment control plan and/or SWPPP for the land development
activity.
D.
A copy of the erosion and sediment control plan and/or
SWPPP, including the above certifications, shall be retained at the
site of the land development activity during construction from the
date of initiation of construction activities to the date of final
stabilization.
All land development activities shall be subject
to the following performance and design criteria:
A.
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 by this chapter. (The New York
State technical guidance documents may be ordered from the NYSDEC
and may be available on the Internet.)
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the “Design
Manual”).
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2005, most current version or its successor, hereafter referred
to as the “Erosion Control Manual”).
B.
Where stormwater management practices are not in accordance with the technical documents described in § 119-10A above, which are official guides that provide specifications, the applicant or developer must demonstrate equivalence to the technical standards contained in these documents, and the erosion and sediment control plan and/or SWPPP shall be prepared by a licensed professional.
C.
Any land development activity shall not cause an increase
in turbidity that will result in substantial visible contrast to natural
conditions in surface waters of the State of New York.
