A. 
Stormwater pollution prevention plan requirement. No application for a land development activity shall be approved by the appropriate board until a stormwater pollution prevention plan prepared in accordance with the specifications in this chapter has been reviewed and approved by the Stormwater Management Officer. The Stormwater Management Officer may:
(1) 
Review the SWPPP; or
(2) 
Upon approval by the Town Board, engage the services of a registered professional engineer to review the SWPPP; or
(3) 
Accept the certification of a qualified professional that the SWPPP conforms to the requirements of this chapter.
B. 
Contents of stormwater pollution prevention plans
(1) 
Erosion and sediment control component. All stormwater pollution prevention plans, at a minimum, shall provide the following background information and erosion and sediment controls:
(a) 
Background information about the scope of the project, including location, type and size of project.
(b) 
Site map/construction drawing(s) for the project at a scale no smaller than one inch equals 100 feet, 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 discharge(s).
(c) 
Description of the soil(s) present at the site pursuant to the Soil Survey of Suffolk County.
(d) 
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 Erosion Control Manual, not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
(e) 
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.
(f) 
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.
(g) 
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 close-out.
(h) 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
(i) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
(j) 
Temporary practices that will be converted to permanent control measures.
(k) 
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.
(l) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(m) 
Name(s) of the receiving water(s) and approximate distance to the project.
(n) 
Delineation of SWPPP implementation responsibilities for each part of the site.
(o) 
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.
(p) 
Any existing data that describes the stormwater runoff at the site.
(2) 
Post-construction stormwater management component. A stormwater pollution prevention plan shall also include a post-construction stormwater management component (water quantity and water quality controls) as set forth in § 153-8B(3), as applicable, where a land development activity as defined in § 153-5 of this chapter meets Condition A, or B or C below:
(a) 
Condition A: 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 303(d) list of impaired waters or a total maximum daily load designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(b) 
Condition B: stormwater runoff from land development activities disturbing five or more acres.
(c) 
Condition C: 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 and construction activities at agricultural properties.
(3) 
Stormwater pollution prevention plan requirements for Conditions A, B and C:
(a) 
An erosion and sediment control component as described in § 153-8B(1).
(b) 
Description of each post-construction stormwater management practice.
(c) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.
(d) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
(e) 
Comparison of post-development stormwater runoff conditions to pre-development conditions.
(f) 
Dimensions, material specifications and installation details for each post-construction stormwater management practice.
(g) 
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.
(h) 
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.
(i) 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 153-10 of this chapter.
C. 
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
D. 
Contractor certification.
(1) 
Each contractor and subcontractor identified in the stormwater pollution prevention plan 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 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 New York State Pollutant Discharge Elimination System 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."
(2) 
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(3) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
E. 
A copy of the stormwater pollution prevention plan 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. 
Technical standards. For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter:
(1) 
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version).
(2) 
New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, most current version).
B. 
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the stormwater pollution prevention plan must demonstrate equivalence to the technical standards set forth in § 153-9A.
C. 
Water quality standards. 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.
A. 
Maintenance and inspection during construction.
(1) 
The applicant or developer of the land development activity or his or her 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 or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2) 
For land development activities as defined in § 153-5 of this chapter and meeting Condition A, B or C in § 153-8B(2), 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 storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book that shall be available for review by the Stormwater Management Officer.
(3) 
The applicant or developer or his or her representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.
B. 
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Smithtown to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the Office of the Suffolk County Clerk after approval by the Town Attorney.
C. 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall ensure they are operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
(1) 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.
(2) 
Written procedures for operation and maintenance and training new maintenance personnel.
(3) 
Discharges from the stormwater management practices shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 153-9C.
D. 
Maintenance agreements. The Town of Smithtown shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Suffolk County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be in a form approved by the Town Attorney. The Town of Smithtown, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter.