[HISTORY: Adopted by the Town Board of the Town of Southampton 12-14-2010 by L.L. No.
41-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 123.
Coastal erosion hazard areas — See Ch. 138.
Environmental quality review — See Ch. 157.
Flood damage prevention — See Ch. 169.
Protection of natural resources — See Ch. 229.
Subdivision of land — See Ch. 292.
Wetlands — See Ch. 325.
Freshwater wetlands — See Ch. 325A.
Zoning — See Ch. 330.
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, as mandated by Articles 17 (Title 7.8), 36 and 70 of the Environmental Conservation Law and any and all applicable laws, rules or regulations of the State of New York.
The Town of Southampton in 2003, obtained State Pollutant Discharge
Elimination System (SPDES) Permit No. NYR20A454 from the New York
State Department of Environmental Conservation (NYSDEC) in connection
with the discharge of stormwater, as required pursuant to the Environmental
Conservation Law (ECL). The SPDES permit requires that the Town Board
enact a local law that complies with federal and New York State guidelines
for stormwater control, which addresses the following findings of
fact as determined by the state and as accepted by the Town of Southampton:
A.
Land development, redevelopment, the building of roads and highways,
other site improvement and construction activities may alter the hydrologic
response of local watersheds and increase stormwater runoff rates
and volumes and associated increases in site impervious cover, thereby
resulting in flooding and sediment transport and deposition into local
water bodies;
B.
Stormwater runoff from developed areas may contribute significant
quantities of waterborne pollutants to surface and groundwater sources,
degrading water bodies, potentially affecting public and private water
supplies, recreational uses, and impacting the viability of fish and
other aquatic life;
C.
Clearing and grading during construction tends to increase soil erosion,
adding to loss of native vegetation necessary for terrestrial and
aquatic habitat;
D.
Flooding conditions caused by the washing and deposition of eroded
soil on adjacent properties and roadways can result in the pollution
of bays, streams, lakes and ponds;
E.
The washing, blowing, and deposition of eroded soil across and upon
roadways can decrease visibility and reduce traction of vehicles;
F.
Sedimentation from erosion can clog culverts, fill drainage retention
areas, pollute and silt bays, lakes, and ponds, thereby increasing
the likelihood of flooding;
G.
Improper design, construction and implementation of stormwater and
erosion control measures can lead to increased flooding, sediment
transport and deposition, as well as overall degradation of water
bodies;
H.
Impervious surfaces allow less water to percolate into the subsurface
soil, thereby decreasing groundwater recharge and stream base flow;
I.
Impacts from stormwater runoff, soil erosion and nonpoint-source
pollution can be minimized through the control of stormwater runoff
from land development activities;
J.
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, and nonpoint-source pollution
associated with stormwater runoff is in the public interest and will
minimize threats to public health and safety;
K.
The implementation of performance standards governing stormwater
management and site design will result in development that is more
compatible with the natural functions of a particular site or a larger
watershed and tend to mitigate the adverse impacts due to erosion
and sedimentation caused by development;
L.
Economic consequences may result from adverse impacts on the waters
of the Town.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the residents of the Town of Southampton and to address the findings of fact and statutory authority in § 285-2. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum Measures 4 and 5 of the New York
SPDES General Permit for Stormwater Discharges from Municipal Separate
Storm Sewer Systems (MS4s), Permit No. GP-0-10-002, or as amended
or revised.
B.
Require land development activities to conform to the substantive
requirements of the New York SPDES General Permit for Stormwater Discharges
from Construction Activity, Permit No. GP-0-10-001, or as amended
or revised.
C.
Control, restrict or prohibit activities which alter natural drainage
systems, floodplains, and other natural protective features, including
wetlands, which contribute to the accommodation of floodwaters and
retention of sediment.
D.
Control, restrict or prohibit land use activities which increase
nonpoint-source pollution due to stormwater runoff which result in
discharge onto public lands, neighboring properties or natural protective
features which would degrade local water quality.
E.
Assure that land and water uses in the Town are designed and conducted
using best-management practices to control flooding, stormwater runoff
and discharge onto public lands, neighboring properties, or natural
protective features.
F.
Promote the recharge of stormwater into the fresh water aquifer to
protect the drinking water supply and minimize salt water intrusion.
G.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development and redevelopment
to the maximum extent practicable.
H.
Protect the biological, ecological, and other beneficial functions
of water bodies from the adverse impacts of stormwater runoff.
I.
Establish provisions for the long-term responsibility for and maintenance
of stormwater control facilities and practices to ensure that they
continue to function as designed, are maintained, and pose no threat
to public safety.
J.
Establish provisions to ensure that there are adequate funding mechanisms,
including financial security or surety, for the proper review, inspection
and long-term maintenance of stormwater facilities and practices implemented
pursuant to this chapter.
K.
Establish provisions for the Town to recover costs and expenses incurred
by the Town for any repairs it makes to stormwater facilities and
for implementation of management practices.
L.
Establish administrative procedures for the submission, review, and
approval of stormwater management plans and for the inspection of
approved active development projects, and long-term oversight of the
stormwater control facilities and practices.
M.
Promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, hazardous waste, sediment and other
pollutants into local watersheds and water bodies.
A.
This chapter shall be applicable to all land development and redevelopment activities within the Town of Southampton that exceed any of the thresholds contained herein, unless exempt pursuant to § 285-7. No person or other entity shall undertake any land development activity without first meeting the requirements of this chapter.
B.
Notwithstanding the foregoing, all stormwater management practices associated with land development activities that do not exceed the thresholds herein or are otherwise exempt from the requirements of this chapter shall be maintained in good working condition and kept in good repair by the landowner and any owner and/or operator of the stormwater management practices. The enforcement provisions, penalties and other provisions of § 285-13 shall apply to any violations of this provision.
C.
The Town shall designate a Stormwater Management Officer (SMO) who
shall review all stormwater pollution prevention plans (SWPPP). The
SMO may:
(1)
Review the SWPPP;
(2)
Upon approval by the Southampton Town Board, engage the services
of a professional engineer licensed by the State of New York to review
the plans, specifications and related documents at a cost not to exceed
a fee schedule established by said governing board; or
(3)
Accept the certification of a professional engineer licensed by the
State of New York that the plans conform to the requirements of this
chapter and all relevant and applicable requirements.
D.
Notwithstanding the mechanism of review chosen, the SMO shall have
the authority under this chapter to inspect the progress of land development
and redevelopment activities subject to the provisions of this chapter
with regard to conformance with the approved SWPPP. Should the project
be found to be in noncompliance with the approved SWPPP, the SMO shall
have the authority to halt construction activities until corrective
measures are taken to bring the project into compliance.
E.
All land development or redevelopment activities subject to review
and approval by the Planning Board pursuant to the subdivision, site
plan and/or special exception review regulations shall be reviewed
subject to the standards contained in this chapter. No authorization
to proceed with development activities shall occur until all permits
and approvals have been obtained.
F.
All land development or redevelopment activities subject to review
and approval by the Building Department pursuant to the Building Code[1] shall be reviewed subject to the standards contained in
this chapter. No authorization to proceed with development activities
shall occur until all permits and approvals have been obtained.
G.
All land development activities subject to review as stated in this
chapter shall be required to submit a SWPPP to the SMO, who shall
review the SWPPP and grant approval if it complies with the requirements
of this chapter.
H.
All land development or redevelopment activities meeting certain
conditions contained in this chapter shall obtain authorization under
the SPDES General Permit for Stormwater Discharges from Construction
Activity from the NYSDEC, prior to obtaining final Town approval and
permits for the proposed land development or redevelopment activities.
The terms used in this chapter, or in documents prepared or
reviewed under it, shall have the meanings as set forth in this chapter.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development or redevelopment activity.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover or
the existing developed surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Stormwater Management Design Manual, in
its most recent version (including applicable updates), which serves
as the official guide for the design of stormwater management principles,
methods and practices.
A person who undertakes land development or redevelopment
activities.
The New York State Standards and Specifications for Erosion
and Sediment Controls, in its most recent version (including applicable
updates), commonly known as the "Blue Book."
Final stabilization occurs when all soil disturbance activities
have ceased and a uniform, perennial vegetative cover with a density
of 80% over the entire pervious surface has been established, or other
equivalent stabilization measures, such as permanent landscape mulches,
or other materials, that have been applied on all disturbed areas
that are not covered by permanent structures, concrete or pavement.
Excavation or fill of material, including the resulting conditions
thereof.
Any discharge that is not entirely composed of stormwater.
Illicit discharges shall include but are not limited to those sources
as identified by § 122.26(b)(2) of the Code of Federal Regulations,
sanitary wastewater, effluent from septic tanks, commercial car wash
wastewater, petroleum products, antifreeze and radiator flush liquid,
laundry wastewater, spills from roadway accidents, and household and
motor vehicle chemicals, but do not include liquids discharged from
fire-fighting activities.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
The process of percolating stormwater into the subsoil.
Construction activity, including clearing, grading, excavating,
soil disturbance, or placement of fill that results in land disturbance
of equal to or greater than one acre, 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 or redevelopment activities may take place on different
schedules.
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.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Notice of intent.
Pollution from any source other than from any discernable,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Notice of termination.
The New York State Department of Environmental Conservation.
The person, persons or legal entity that 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.
Clearing of a parcel of land in distinct pieces or parts,
with the stabilization of each piece completed before the clearing
of the next.
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 to any
water body that will receive a discharge from the land development
activity.
Land development or redevelopment activity.
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 individual endorsed by the NYSDEC. A
qualified inspector can also be a person working under the direct
supervision of, and at the same company as, the licensed professional
engineer or registered landscape architect, provided that person has
training in the principles and practices of erosion and sediment control.
"Training in the principles and practices of erosion and sediment
control" means that the individual working under the direct supervision
of the licensed professional engineer or registered landscape architect
has received four hours of NYSDEC-endorsed training in proper erosion
and sediment control principles from a Soil and Water Conservation
District or other NYSDEC-endorsed entity. After receiving the initial
training, the individual working under the direct supervision of the
licensed professional engineer or registered landscape architect shall
receive four hours of training every three years. [Note: Inspections
of any post-construction stormwater management practices that include
structural components, such as a dam for an impoundment, shall be
performed by a licensed professional engineer.]
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 individual endorsed
by the NYSDEC. Individuals preparing SWPPPs that require the post-construction
stormwater management practice component must have 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 NYSDEC's
technical standard. All components of the SWPPP that involve the practice
of engineering as defined by New York State Education Law Article
145 shall be prepared by or under the direct supervision of a professional
engineer licensed to practice in the State of New York.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
A permit issued by the NYSDEC to developers of construction
activities to regulate the disturbance of land under GP-0-10-001,
or as amended or revised.
A permit issued by the NYSDEC to regulate discharges from
municipal separate storm sewer systems for compliance with EPA-established
water quality standards, and/or to specify stormwater control standards
under Permit No. GP-0-10-002, or as amended or revised.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt, and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices for the
purpose of controlling stormwater runoff.
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.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Any activity which removes the vegetative surface cover,
including tree removal, clearing and storage and removal of topsoil.
(See "clearing.")
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, 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
waters that do not combine or effect a junction with natural surface
or underground waters), which are wholly 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 man-made bodies of water which were neither originally created
in waters of the state (such as a disposal area in wetlands) nor resulted
from impoundment of waters of the state.
The maximum amount of a pollutant allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of the pollution.
The Town of Southampton.
The Code of the Town of Southampton.
An employee from the contracting or construction company
identified in the SWPPP that has received four hours of NYSDEC endorsed
training in proper erosion and sediment control principles from a
Soil and Water Conservation District, or other NYSDEC-endorsed entity.
After receiving the initial training, the trained contractor shall
be required to complete all required continuing education in order
to maintain the designation. It may also be an employee identified
in the SWPPP who satisfies the requirements of a qualified inspector.
The trained contractor shall be responsible for the day-to-day implementation
of the SWPPP.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
(See also "waterway.")
A channel that directs surface runoff to a watercourse or
to the public storm drain.
An area, more particularly defined under § 325-3 of the Town Code, 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."
A.
The Planning Department will receive all SWPPPs for land development
or redevelopment activities that are subject to review and approval
by the Planning Board. The Building Department will receive all SWPPPs
for land development or redevelopment activities that are subject
to review and approval by the Building Department. All SWPPPs shall
be forwarded to the SMO for review. The SMO will determine whether
the SWPPP complies with the requirements of this chapter.
B.
Nothing in this chapter supersedes an applicant's obligation
to obtain permit coverage from the NYSDEC, as described in the SPDES
General Permit for Stormwater Discharges from Construction Activity.
The following land-disturbing activities shall be exempt from
the provisions of this chapter:
A.
Agricultural activity as defined in this chapter.
B.
Land development or redevelopment activities for which a building
permit has been issued on or before the effective date of this chapter.
C.
Routine property maintenance activities that are performed to maintain
the original line and grade, hydraulic capacity or original purpose
of a lawfully existing site or facility and that will not impact adjacent
properties.
D.
Repairs to any stormwater management system or facility that is otherwise
in compliance with the provisions of this chapter and deemed necessary
by the Town.
E.
Alteration of a structure, provided that such alteration does not
increase land coverage or potentially impact adjacent properties or
municipal stormwater systems.
F.
Cemetery graves.
G.
Installation of fences, signs, telephone poles, electric poles or
other utility poles, mailbox and newspaper box posts, other kinds
of posts or poles.
H.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
I.
Routine landscaping and horticultural maintenance activities in connection
with an existing structure.
J.
Emergency activity immediately necessary to protect life, property
or natural resources as authorized by the SMO or as an emergency condition
may dictate. Any emergency activity not authorized by the SMO shall
be reported to the SMO as soon as practicable, so that an evaluation
may be made and necessary further action may be taken in conformity
with the requirements of this chapter.
All land development or redevelopment activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specification 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.
(1)
The New York State Stormwater Management Design Manual, hereafter
referred to as the "Design Manual," in its most recent version (including
applicable updates), which serves as the official guide for the design
of stormwater management principles, methods and practices.
(2)
The New York State Standards and Specifications for Erosion and Sediment
Controls, hereafter referred to as the "Erosion Control Manual," in
its most recent version (including applicable updates), also commonly
known as the "Blue Book."
A.
General SWPPP requirements.
(1)
No application for approval of a land development or redevelopment
activity shall be approved until the SMO has received, reviewed, and
accepted a SWPPP prepared in accordance with the specifications in
this chapter.
(2)
The SWPPP and the NOI shall be submitted to the Town for review and
acceptance. Upon acceptance by the Town, the applicant shall submit
the NOI to the NYSDEC. A copy of the NOI acknowledgement letter from
the NYSDEC must be submitted to the Engineering Division prior to
the signature of plans by the Planning Board or the issuance of a
building permit by the Building Department.
(3)
The SWPPP shall describe the erosion and sediment control practices
and, where required, post-construction stormwater practices that will
be used and/or constructed to reduce the pollutants in stormwater
discharges and to assure compliance with the terms and conditions
of this permit. In addition, the SWPPP shall identify potential sources
of pollution which may reasonably be expected to affect the quality
of stormwater discharges.
(4)
All SWPPPs that require the post-construction stormwater management
practice component shall be prepared by a qualified professional that
is knowledgeable in the principles and practices of stormwater management
and treatment.
(5)
The owner or operator 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 owner or operator shall amend the SWPPP:
(a)
Whenever the current provisions prove to be ineffective in minimizing
pollutants in stormwater discharges from the site;
(b)
Whenever this is a change in design, construction, or operation
of the site that has or could have an effect on the discharge of pollutants;
and
(c)
To address issues or deficiencies identified during an inspection
by the qualified inspector, the NYSDEC or any other regulatory authority
or agency.
(6)
The Town or NYSDEC may notify the owner or operator at any time that
the SWPPP does not meet one or more of the minimum requirements of
the SPDES General Permit for Stormwater Discharges from Construction
Activity. 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 Town or
NYSDEC, the owner or operator shall make the required changes to the
SWPPP and submit written notification to the Town and NYSDEC that
changes have been made. If the owner or operator does not respond
to the Town or NYSDEC's comments in the specified time frame,
the NYSDEC may suspend the owner's or operator's coverage
under this permit.
(7)
Certification by contractor.
(a)
Prior to the commencement of construction activity, the owner
or operator 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 owner or operator
shall have each of the contractors and subcontractors identify at
least one person from his or her company that will be responsible
for implementation of the SWPPP. This person shall be known as the
"trained contractor." The owner or operator shall ensure that at least
one trained contractor is on site on a daily basis when soil disturbance
activities are being performed. The owner or operator shall have each
of the contractors and subcontractors identified above sign a copy
of the following certification statement before he or she commences
any construction activity:
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"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 owner or operator must comply with the
terms and conditions of the most current version of the New York State
Pollutant Discharges Elimination System ("SPDES") general permit for
stormwater discharges from construction 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."
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(b)
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 owner or operator
shall attach the certification statement(s) to the copy of the SWPPP
that is maintained at the construction site. If new or additional
contactors 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.
(8)
For projects where the NYSDEC requests a copy of the SWPPP or inspection
reports, the owner or operator shall submit the documents in both
electronic (PDF only) and paper format within five (5) business days,
unless otherwise notified by the NYSDEC.
(9)
The SWPPP must include documentation supporting the determination
of permit eligibility with regard to construction activities that
adversely affect property that is listed or is eligible for listing
on the State or National Registry of Historic Places, including archaeological
sites. At a minimum, the supporting documentation shall include the
following:
(a)
Information on whether the stormwater discharge or construction
activities would have an effect on a property (historic or archaeological
resource) that is listed or eligible for listing on the State or National
Register of Historic Places.
(b)
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 archaeological sensitivity that may indicate the need
for a survey can be obtained from the New York State Office of Parks,
Recreation and Historic Places (OPRHP).
(c)
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 owner or operator fails
to describe and implement such measures, the stormwater discharge
is ineligible for coverage under this permit; and
(d)
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.
B.
Required SWPPP contents.
(1)
All SWPPPs prepared pursuant to this permit shall include erosion
and sediment control practices designed in conformance with the most
current version of the Erosion Control Manual. Where erosion and sediment
control practices are not designed in conformance with this technical
standard, the owner or operator must demonstrate equivalence to the
technical standard. At a minimum, the erosion and sediment control
component of the SWPPP shall include the following:
(a)
Background information about the scope of the project, including
the location, type and size of the project;
(b)
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 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 different soil types, with boundaries; material, waste, borrow
or equipment storage areas located on adjacent properties; and location(s)
of the stormwater discharge(s);
(c)
A description of the soil(s) present at the site, including
an identification of the hydrologic soil group (HSG);
(d)
A construction phasing plan and sequence of operations describing
the intended order 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;
(e)
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. 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 shall be included;
(f)
A temporary and permanent soil stabilization plan that meets
the requirements of the most current version of the Erosion Control
Manual, for each stage of the project, including initial land clearing
and grubbing to the project completion and achievement of final stabilization.
(g)
A site map/construction drawing(s) showing the specific location(s),
size(s), and length(s) of each erosion and sediment control practice;
(h)
The dimensions, material specifications, installation details,
operation and maintenance requirements for all erosion and sediment
control practices. The location and sizing of any temporary sediment
basins and structural practices that will be used to divert flows
from exposed soils shall be included;
(i)
A maintenance inspection schedule for the contractor(s) identified in § 285-9A(7) to ensure continuous and effective operation of the erosion and sediment control practices. The maintenance inspection schedule shall be in accordance with the requirements in the most current version of the Erosion Control Manual;
(j)
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 the stormwater discharges;
(k)
Identification of any elements of the design that are not in
conformance with the requirements in the most current version of the
Erosion Control Manual. The reason for the deviation or alternative
design shall be included, and information which demonstrates that
the deviation or alternative design is equivalent to the technical
standards shall be provided.
(2)
All SWPPPs prepared for construction projects identified in Table
2 of Appendix A[1] must include post-construction stormwater management practices
designed in conformance with the most current version of the Design
Manual. Where post-construction stormwater management practices are
not designed in conformance with this technical standard, the owner
or operator must demonstrate equivalence to the technical standard.
At a minimum, the post-construction stormwater management practice
component of the SWPPP shall include the following:
(a)
Identification of all post-construction stormwater management
practices to be constructed as part of the project;
(b)
A site map/construction drawing(s) showing the specific location
and size of each post-construction stormwater management practice;
(c)
The dimensions, materials specifications and installation details
for each post-construction stormwater management practice;
(d)
Identification of any elements of the design that are not in
conformance with the Design Manual. The reason for the deviation or
alternative design shall be included, and information which demonstrates
that the deviation or alternative design is equivalent to the technical
standards shall be provided.
(e)
A hydrologic and hydraulic analysis for all structural components
of the stormwater management control system;
(f)
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 applicable chapter of 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; and
(g)
An operations and maintenance plan that includes inspection
and maintenance schedules and actions to ensure continuous and effective
operation or 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.
[1]
Editor's Note: Appendix A, Table 2, is included at the end of this chapter.
A.
General construction site inspection and maintenance requirements.
(1)
The owner or operator must ensure that all erosion and sediment control
practices and all post-construction stormwater management practices
identified in the SWPPP are maintained in effective operating condition
at all times.
(2)
The terms of this permit shall not be construed to prohibit the State
of New York from exercising any authority pursuant to the Environmental
Conservation Law of the State of New York, common law or federal law,
or prohibit New York State from taking any measures, whether civil
or criminal, to prevent violations of the laws of the State of New
York or protect the public health and safety and/or the environment.
B.
Owner or operator maintenance inspection requirements.
(1)
The owner or operator shall inspect, in accordance with the requirements
in the most current version of the Erosion Control Manual, the erosion
and sediment controls identified in the SWPPP to ensure that they
are being maintained in effective operating condition at all times.
(2)
For construction sites where soil disturbance activities have been temporarily suspended (e.g., winter shutdown) and temporary stabilization measures have been applied to all disturbed areas, the owner or operator can reduce the frequency of inspections to a minimum of once every 30 days. The owner or operator shall notify the Town and NYSDEC in writing prior to reducing the frequency of inspections. The owner or operator shall begin conducting the maintenance inspections in accordance with § 285-10B(1) as soon as soil disturbance activities resume.
(3)
For construction sites where soil disturbance activities have been
shut down with partial project completion, the owner or operator can
stop conducting the maintenance inspections if all areas disturbed
as of the project shutdown date have achieved final stabilization
and all post construction stormwater management practices required
for the completed portion of the project have been constructed in
conformance with the SWPPP and are operational. The owner or operator
shall notify the Town and NYSDEC, in writing, prior to the shutdown.
If soil disturbance activities are not resumed within two years from
the date of the shutdown, the owner or operator shall have the qualified
inspector perform a final inspection and certify that all disturbed
areas have achieved final stabilization, that all temporary structural
erosion and sediment control measures have been removed and that all
post-construction stormwater management practices have been constructed
in conformance with the SWPPP by signing the "Final Stabilization"
and "Post-Construction Stormwater Management Practice(s)" certification
statements on the NOT. The owner or operator shall then submit the
completed NOT form to the address shown on the NOT form and provide
a copy to the Town.
C.
Qualified inspector inspection requirements. [Note: The trained contractor identified in § 285-9A(7) cannot conduct the qualified inspector site inspections unless he also meets the qualified inspector qualifications, as defined in § 285-5.]
(1)
A qualified inspector shall conduct site inspections
for all construction activities identified in Tables 1 and 2 of Appendix
A,[1] with the exception of the following:
[Amended 12-10-2019 by L.L. No. 26-2019]
(a)
The construction of a single-family residential subdivision with
25% or less impervious cover at total site build-out that involves
a soil disturbance of one or more acres of land, but less than five
acres, and is not directly discharging to one of the § 303(d)
segments listed in Appendix B;[2]
[2]
Editor’s Note: Appendix B is included as an attachment to this chapter.
(b)
The construction of a single-family home that involves a soil disturbance
of one or more acres of land, but less than five acres, and is not
directly discharging to one of the § 303(d) segments listed
in Appendix B;
(c)
Construction on agricultural property that involves a soil disturbance
of one or more acres of land, but less than five acres.
[1]
Editor’s Note: Appendix A, comprised of Tables 1 and 2, is included as an attachment to this chapter.
(2)
Unless otherwise notified by the Town or NYSDEC, the qualified inspector
shall conduct site inspections in accordance with the following timetable:
(a)
For construction sites where soil disturbance activities are
ongoing, the qualified inspector shall conduct a site inspection at
least once every seven calendar days.
(b)
For construction sites where soil disturbance activities are
ongoing and the owner or operator has received authorization in accordance
with the SPDES General Permit for Stormwater Discharges from Construction
Activity to disturb greater than five acres of soil at any one time,
the qualified inspector shall conduct at least two site inspections
every seven calendar days. The two inspections shall be separated
by a minimum of two full calendar days.
(c)
For construction sites where soil disturbance activities have
been temporarily suspended (e.g., winter shutdown) and temporary stabilization
measures have been applied to all disturbed areas, the qualified inspector
shall conduct a site inspection at least once every 30 days.
(d)
For construction sites where soil disturbance activities have
been shut down with partial project completion, the qualified inspector
can stop conducting inspections if all areas disturbed as of the project
shutdown date have achieved final stabilization and all post-construction
stormwater management practices required for the completed portion
of the project have been constructed in conformance with the SWPPP
and are operational.
(3)
At a minimum, the qualified inspector shall inspect all erosion and
sediment control practices to ensure integrity and effectiveness,
all post-construction stormwater management practices under construction
to ensure that they are constructed in conformance with the SWPPP,
and all areas of disturbance that have not achieved final stabilization,
all points of discharge to natural surface waterbodies located within
or immediately adjacent to the property boundaries of the construction
site, and all points of discharge from the construction site.
(4)
The qualified inspector shall prepare an inspection report subsequent
to each and every inspection. At a minimum, the inspection report
shall include and/or address the following:
(a)
Date and time of inspection;
(b)
Name and title of person(s) performing inspection;
(c)
A description of the weather and soil conditions (e.g., dry,
wet, saturated) at the time of the inspection;
(d)
A description of the condition of the runoff at all points of
discharge from the construction site. This shall include identification
of any discharges of sediment from the construction site. Discharges
from conveyance systems (i.e., pipes, culverts, ditches, etc.) and
overland flow shall be included.
(e)
A description of the condition of all natural surface waterbodies
located within, or immediately adjacent to, property boundaries of
the construction site which receive runoff from disturbed areas. This
shall include identification of any discharges of sediment to the
surface waterbody;
(f)
Identification of all erosion and sediment control practices
that need repair or maintenance;
(g)
Identification of all erosion and sediment control practices
that were not installed properly or are not functioning as designed
and need to be reinstalled or replaced;
(h)
Description and sketch of areas that are disturbed at the time
of the inspection and areas that have been stabilized (temporary and/or
final) since the last inspection;
(i)
Current phase of construction of all post-construction stormwater
management practices and identification of all construction that is
not in conformance with the SWPPP and technical standards;
(j)
Corrective action(s) that must be taken to install, repair,
replace or maintain erosion and sediment control practices and to
correct deficiencies identified with the construction of the post-construction
stormwater management practice(s); and
(k)
Digital photographs, date stamped, that clearly show the condition
of all practices that have been identified as needing corrective actions.
The qualified inspector shall attach paper color copies of the digital
photographs to the inspection report being maintained on site within
seven calendar days of the date of the inspection. The qualified inspector
shall also take digital photographs, with the date stamp, that clearly
show that condition of the practice(s) after the corrective action
has been completed. The qualified inspector shall attach paper color
copies of the digital photographs to the inspection report that documents
the completion of the corrective action work within seven calendar
days of that inspection.
(5)
Within one business day of the completion of an inspection, the qualified inspector shall notify the owner or operator and appropriate contractor or subcontractor identified in § 285-9A(7) of any corrective actions that need to be taken. The contractor or subcontractor shall begin implementing the corrective actions within one business day of this notification and shall complete the corrective actions within a reasonable time frame.
(6)
All inspection reports shall be signed by the qualified inspector.
Pursuant to SPDES General Permit for Stormwater Discharges from Construction
Activity conditions, the inspection reports shall be maintained on
site with the SWPPP.
A.
An owner or operator that is eligible to terminate coverage under
the SPDES General Permit for Stormwater Discharges from Construction
Activity must submit a completed NOT form to the address shown on
the form and provide a copy to the Town. The NOT form shall be one
which is associated with the SPDES General Permit for Stormwater Discharges
from Construction Activity and shall be signed in accordance with
Part VII.H of the permit.
B.
An owner or operator may terminate coverage when one or more of the
following conditions have been met:
(1)
Total project completion: All construction activity identified in
the SWPPP has been completed, all areas of disturbance have achieved
final stabilization, all temporary structural erosion and sediment
control measures have been removed, and all post-construction stormwater
management practices have been constructed in conformance with the
SWPPP and are operational;
(2)
Planned shutdown with partial project completion: All soil disturbance
activities have ceased, all areas disturbed as of the project shutdown
date have achieved final stabilization, all temporary structural erosion
and sediment control measures have been removed, and all post-construction
stormwater management practices required for the completed portion
of the project have been constructed in conformance with the SWPPP
and are operational;
(3)
A new owner or operator has obtained coverage under the SPDES General
Permit for Stormwater Discharges from Construction Activity in accordance
with Part II.E of the permit.
C.
For construction activities meeting the conditions of § 285-11B(1) or (2), the owner or operator shall have the qualified inspector perform a final inspection prior to submitting the NOT. The qualified inspector, by signing the "Final Stabilization" and "Post-Construction Stormwater Management Practice(s)" certification statements on the NOT shall certify that all disturbed areas have achieved final stabilization, that all temporary structural erosion and sediment control measures have been removed, and that all post-construction stormwater management practices have been constructed in conformance with the SWPPP.
D.
For construction activities that are subject to the requirements of a regulated traditional land use control MS4 and meet the conditions of § 285-11B(1) or (2), the owner or operator shall also have the SMO sign the "MS4 Acceptance" statement on the NOT. The SMO, by signing this statement, has determined that it is acceptable for the owner or operator to submit the NOT in accordance with the requirements of this subsection.
E.
For construction activities that require post-construction stormwater management practices and meet the conditions of § 285-11B(1), the owner or operator must, prior to submitting the NOT, ensure at least one of the following:
(1)
The post-construction stormwater management practice(s) and any rights-of-way
needed to maintain such practice(s) have been deeded to the municipality
in which the practice is located;
(2)
An executed maintenance agreement is in place with the municipality
that will maintain the post-construction stormwater management practice(s);
(3)
For post-construction stormwater management practices that are privately
owned, the owner or operator has modified his or her deed of record
to include a deed covenant that requires operation and maintenance
of the practice(s), in accordance with the operational and maintenance
plan; or
(4)
For post-construction stormwater management practices that are owned
by a public or private institution (e.g., school, college, university),
government agency or authority, the owner or operator has policies
and procedures in place that ensures operation and maintenance of
the practices in accordance with the operation and maintenance plan.
A.
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 the appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary, in the form set forth in § 292-26 of the Town Code. 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 of such other certification that the facility or facilities 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.
B.
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.
C.
Recordkeeping. Entities subject to this chapter shall be required
to maintain records demonstrating compliance with this chapter.
A.
Notice of violation. When the Town determines that a land development
or redevelopment activity is not being carried out in accordance with
the requirements of this chapter, it may issue a written notice of
violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring the land
development or redevelopment activity into compliance with this chapter
and a time schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed to
the Town by filing a written notice of appeal within 15 days of service
of notice of violation.
B.
Stop-work orders. The Town may issue a stop-work order for violations
of this chapter. Persons receiving a stop-work order shall be required
to halt all land development or redevelopment activities, except those
activities that address the violations leading to the stop-work order.
The stop-work order shall be in effect until the Town confirms that
the land development or redevelopment activity is in compliance and
the violation has been satisfactorily addressed. Failure to address
a stop-work order in a timely manner may result in civil, criminal
or monetary penalties in accordance with the enforcement measures
authorized in this chapter.
C.
Violations. Any land development or redevelopment activity that is
commenced or is conducted contrary to this chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
D.
Criminal penalties. In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this chapter shall be guilty of a violation punishable by a fine
not exceeding $1,000 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $1,000 nor more
than $2,500 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine not less than $2,500 nor more than $5,000 or imprisonment
for a period not to exceed six months, or both. However, for the purposes
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter shall be deemed unclassified misdemeanors,
and, for such purpose only, all provisions of law relating to misdemeanors
shall apply to such violations. Each day's continued violation
shall constitute a separate additional violation.
E.
Appeal of notice of violation. Any person receiving a notice of violation
may appeal within 15 calendar days of its issuance. The Town shall
hear the appeal within 30 days after the filing of the appeal, and
within five days of making its decision, issue a decision by certified
mail to the discharger. The Town may conduct the hearing and take
evidence.
F.
Corrective measures after appeal.
(1)
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within five business days of the decision of the Town, then the Town
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.
(2)
If refused access to the subject private property, the Town 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 Town 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 property owner.
G.
Injunctive relief. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
chapter. If a person has violated or continues to violate the provisions
of this Code, the Town Attorney may, upon receipt of a permissive
resolution from the Town Board, 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.
H.
Withholding of certificate of occupancy. If any building or land
development or redevelopment activity is installed or conducted in
violation of this chapter, the Town may prevent the occupancy of said
building or land.
I.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town may take
necessary correction action, the cost of which shall become a lien
upon the property until paid.
J.
Civil penalties. In addition to the criminal penalties set forth
herein, the Town Attorney may, upon permission of the Town Board,
pursue any and all actions in law or in equity the Town Attorney may
deem necessary and proper before any court of competent jurisdiction
to compel compliance with this chapter. The Town Attorney may seek
monetary damages in the sum of $1,000 for each day or part thereof
that the violations exist, and each fifteen-day period shall constitute
a separate cause of action. All civil penalties shall be mandatory
penalties and must be imposed upon a judgment in favor of the Town.
If said penalty is not paid to the Town of Southampton within 10 days
of a judgment, a civil judgment shall be entered against the property
and the owner of the property, and said judgment may be collectible
by a tax assessment against the property on which said violation occurred.
Any civil penalty imposed shall be in addition to any fine and/or
sentence of imprisonment imposed as a result of criminal prosecution
provided for in the Code of the Town of Southampton, or any state
or local law, and the decision of the Town of Southampton to pursue
or forego a particular remedy at law or equity, civil or criminal,
shall not be construed as an election of remedies.
The Town may require any person undertaking land development
or redevelopment activities regulated by this chapter to pay reasonable
costs, at prevailing rates, for review of SWPPPs, inspections, or
SMP maintenance performed by the Town or performed by a third party
at the direction of the Town.
