[HISTORY: Adopted by the Town Board of the Town of Shelter
Island as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-30-2010 by L.L. No. 5-2010]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Shelter Island
through the regulation of nonstormwater discharges to the municipal
separate storm sewer system (MS4) to the maximum extent practicable
as required by federal and state law. This article establishes methods
for controlling the introduction of pollutants into the MS4 in order
to comply with requirements of the SPDES General Permit for Municipal
Separate Storm Sewer Systems. The objectives of this article are:
A.
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, as amended or revised;
B.
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.
To prohibit illicit connections, activities and discharges to the
MS4;
D.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E.
To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
Activities, prohibitions of practices, general good housekeeping
practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the
discharge of pollutants directly or indirectly to stormwater, receiving
waters, or stormwater conveyance systems. Best practices also include
practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES Permit
for Stormwater Discharges from Construction Activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
Any material, including any substance, waste, or combination
thereof, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater discharge, including
treated or untreated sewage, processed wastewater, and wash water,
to enter the MS4 and any connections to the storm drain system from
indoor drains and sinks, regardless of whether said drain or connection
had been previously allowed, permitted, or approved by an authorized
enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 110-5 of this article.
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
Municipal separate storm sewer system.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal
or agricultural waste and ballast discharged into water, which may
cause or might reasonably be expected to cause pollution of the waters
of the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where a Town has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Town must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSTERS — The condition in the Town's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
The condition in the Town's MS4 permit where a TMDL, including
requirements for control of stormwater discharges, has been approved
by the EPA for a water body or watershed into which the MS4 discharges.
If the discharge from the MS4 did not meet the TMDL stormwater allocations
prior to September 10, 2003, the Town was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
The condition in the Town's MS4 permit that applies if
a TMDL is approved in the future by the EPA for any water body or
watershed into which an MS4 discharges. Under this condition, the
Town must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 is not meeting the
TMDL stormwater allocations, the Town must, within six months of the
TMDL's approval, modify its stormwater management program to
ensure that reduction of the pollutant of concern specified in the
TMDL is achieved.
A permit issued by the New York State Department of Environmental
Conservation (NYS DEC) that authorizes the discharge of pollutants
to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee, the Municipal Engineer or other public official(s)
designated by the Town of Shelter Island to enforce this article.
The Stormwater Officer may also be 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.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the NYS
DEC as required by Section 303(d) of the Clean Water Act. 303(d) listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
The Town of Shelter Island.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Stormwater Officer shall administer, implement, and enforce
the provisions of this article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 110-8. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from the discharge prohibitions
established by this article, unless the NYS DEC or the Town has determined
them to be substantial contributors of pollutants: water line flushing
or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains, crawl space or basement sump pumps,
air-conditioning condensate, irrigation water, springs, water from
individual residential car washing, natural riparian habitat or wetland
flows, dechlorinated swimming pool discharges, residential street
wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be
made in accordance with an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the Stormwater Officer to protect
life or property from imminent harm or damage, provided that such
approval shall not be construed to constitute compliance with other
applicable laws and requirements, and further provided that such discharges
may be permitted for a specified time period and under such conditions
as the Stormwater Officer may deem appropriate to protect such life
and property while reasonably maintaining the purpose and intent of
this article.
(3)
Dye testing in compliance with applicable state and local laws is
an allowable discharge, but requires a verbal notification to the
Stormwater Officer prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted under
an SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the NYS DEC, provided that
the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the Town's MS4 or
allows such a connection to continue.
B.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the Town's MS4 SPDES
permit authorization, that person shall take all reasonable actions
to correct such activities such that he or she no longer causes or
contributes to violations of the Town's MS4 SPDES permit authorization.
A.
Where the Stormwater Officer has identified illicit discharges or
activities contaminating stormwater, the Town may require implementation
of best practices to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial establishment
shall provide, at his or her own expense, reasonable protection from
accidental discharge of prohibited materials or other wastes into
the MS4 through the use of structural and nonstructural best practices.
(2)
Any person responsible for a property or premises, which is, or may
be, the source of an illicit discharge or an activity contaminating
stormwater, may be required to implement, at said person's expense,
additional structural and nonstructural best practices to reduce or
eliminate the source of pollutant(s) to the MS4.
(3)
Compliance with all terms and conditions of a valid SPDES permit
authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section.
A.
The Stormwater Officer may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, to the health or welfare of
persons, or to the MS4. The Stormwater Officer shall notify the person
of such suspension within a reasonable time thereafter, in writing,
of the reasons for the suspension. If the violator fails to comply
with a suspension order issued in an emergency, the Stormwater Officer
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the Town's MS4 in violation of this article may
have their MS4 access terminated if such termination would abate or
reduce an illicit discharge. The Stormwater Officer will notify a
violator, in writing, of the proposed termination of its MS4 access
and the reasons therefor. The violator may petition the Stormwater
Officer for a reconsideration and hearing. Access may be granted by
the Stormwater Officer if he/she finds that the illicit discharge
has ceased and the discharger has taken steps to prevent its recurrence.
Access may be denied if the Stormwater Officer determines, in writing,
that the illicit discharge has not ceased or is likely to recur. A
person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this section without the prior approval of
the Stormwater Officer.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Town prior to the allowing of discharges
to the MS4.
A.
Applicability. This section applies to all facilities that the Stormwater
Officer must inspect to enforce any provision of this article, or
whenever the authorized enforcement agency has cause to believe that
there exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this article.
B.
Access to facilities.
(1)
The Stormwater Officer shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. If a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the Stormwater Officer.
(2)
Facility operators shall allow the Stormwater Officer ready access
to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records as may be required to implement
this article.
(3)
The Town shall have the right to set up on any facility subject to
this article such devices as are necessary in the opinion of the Stormwater
Officer to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The Town has the right to require the facilities subject to this
article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(5)
Unreasonable delays in allowing the Town access to a facility subject
to this article is a violation of this article. A person who is the
operator of a facility subject to this article commits an offense
if the person denies the Town reasonable access to the facility for
the purpose of conducting any activity authorized or required by this
article.
(6)
If the Stormwater Officer has been refused access to any part of
the premises from which stormwater is discharged, and he/she is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program designed to verify
compliance with this article or any order issued hereunder, then the
Stormwater Officer may seek issuance of a search warrant from any
court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Town in person or by telephone or facsimile no later than the
next business day. Notifications in person or by telephone shall be
confirmed by written notice addressed and mailed to the Town within
three business days of the telephone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
A.
Notice of violation. When the Town's Stormwater Officer finds
that a person has violated a prohibition or has failed to meet a requirement
of this article, he/she may order compliance by written notice of
violation to the responsible person. Such notice may require, without
limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations shall cease and
desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
The payment of a fine; and
(6)
The implementation of source control or treatment best practices.
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor, and the expense thereof shall be charged to
the violator.
B.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this article
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense. Conviction of a second offense,
both of which were committed within a period of five years, shall
be punishable by a fine of not less than $350 nor more than $700 or
imprisonment for a period not to exceed six months, or both. Conviction
for a third or subsequent offense, all of which were committed within
a period of five years, shall be punishable by a fine of not less
than $700 nor more than $1,000 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 article shall be deemed misdemeanors, and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
Any person receiving a notice of violation may appeal the determination
of the Stormwater Officer to the Town Board within 15 days of its
issuance, which shall hear the appeal within 30 days after the filing
of the appeal and, within five days of making its decision, file its
decision in the office of the Municipal Clerk and mail a copy of its
decision by certified mail to the discharger. The Town Board may issue
an administrative penalty in a sum sufficient to pay for the Town
or its contractor to clean up or otherwise remedy the violation.
A.
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 municipal authority
upholding the decision of the Stormwater Officer, then the Stormwater
Officer 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.
B.
If refused access to the subject private property, the Stormwater
Officer 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
Stormwater Officer may seek a court order to take any and all measures
reasonably necessary to abate the violation and/or restore the property.
The cost of implementing and maintaining such measures shall be the
sole responsibility of the discharger.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Stormwater Officer may petition for a preliminary or
permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
A.
Where a person has violated a provision of this article, he/she may
be eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the Municipal Attorney and concurrence of the Stormwater
Officer, where:
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
and welfare and is declared and deemed a nuisance and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
[Adopted 7-29-2011 by L.L. No. 5-2011]
This article 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 Shelter Island in 2009 was given State Pollutant
Discharge Elimination System (SPDES) permit number GP-0-08-002 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 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 Shelter Island:
A.
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition.
B.
This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
C.
Clearing and grading during construction tends to increase soil erosion,
adding to loss of native vegetation necessary for terrestrial and
aquatic habitat.
D.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation.
E.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
F.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality.
G.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
H.
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
I.
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
The purpose of this article 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 Shelter Island and to address the findings of fact and statutory authority in § 110-31. This article 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-0-08-002, 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.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels.
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality.
E.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
F.
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
G.
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.
A.
This article shall be applicable to all land development activities as defined in this article, § 110-34.
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 article 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 § 110-40 shall apply to any violations of this provision.
C.
The Town has designated 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 Shelter Island 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
article and all relevant and applicable requirements.
D.
All land development or redevelopment activities subject to review
and approval by the Planning Board pursuant to subdivision regulations
shall be reviewed subject to the standards contained in this article.
No authorization to proceed with development activities shall occur
until all permits and approvals have been obtained.
E.
All land development or redevelopment activities subject to review
and approval by the Building Department pursuant to the building code
shall be reviewed subject to the standards contained in this article.
No authorization to proceed with development activities shall occur
until all permits and approvals have been obtained.
F.
All land development activities subject to review as stated in this
article 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 article.
The terms used in this article or in documents prepared or reviewed
under it shall have the meanings set forth in this article.
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 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.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
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.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
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 activities may take place at different times 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.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing 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 of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
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 installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality 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.
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
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to manmade bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water,
either natural or manmade, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
The Building Department or Planning Board will receive all SWPPPs
for land development or redevelopment activities that are subject
to review and approval by the respective board or department. All
SWPPPs shall be forwarded to the SMO for review. The SMO will determine
whether the SWPPP complies with the requirements of this article.
B.
Nothing in this article 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 article:
A.
Agricultural activity as defined in this article.
B.
Silvicultural activity except that landing areas and log haul roads
are subject to this article.
C.
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision has been
approved by the Town of Shelter Island on or before the effective
date of this article.
F.
Land development activities for which a building permit has been
approved on or before the effective date of this article.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life, property
or natural resources.
J.
Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that person
and his or her family.
K.
Landscaping and horticultural activities in connection with an existing
structure.
All land development or redevelopment activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this article, the following
documents shall serve as the official guides and specification for
stormwater management:
(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."
(3)
Stormwater management practices that are designed and constructed
in accordance with these technical documents shall be presumed to
meet the standards imposed by this article.
B.
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A and the 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.
A.
General SWPPP requirements.
(1)
No application for approval of a land development activity shall
be approved until the appropriate board or SMO has received, reviewed,
and accepted a SWPPP prepared in accordance with the specifications
in this article.
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;
(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)
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);
(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; and
(p)
Any existing data that describes the stormwater runoff at the
site.
C.
Land development activities that meet Condition A, B or C below shall
also include water quantity and water quality controls (post-construction
stormwater runoff controls) as set forth below as applicable:
(1)
Condition A. Stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
NYS DEC'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)
Condition B. Stormwater runoff from land development activities disturbing
five or more acres.
(3)
Condition C. Stormwater runoff from land development activity disturbing
between one 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.
D.
SWPPP requirements for Conditions A, B and C:
(1)
Identification of all post-construction stormwater management practices
to be constructed as part of the project.
(2)
A site map/construction drawing(s) showing the specific location
and size of each post-construction stormwater management practice.
(3)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms.
(4)
Comparison of post-development stormwater runoff conditions with
predevelopment conditions.
(5)
Dimensions, material specifications and installation details for
each post-construction stormwater management practice.
(6)
Maintenance schedule to ensure continuous and effective operation
of each post-construction 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.
(8)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 110-39 of this article.
(9)
For Condition A, the SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meet the requirements
in this article.
(10)
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.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the 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 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."
(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.
(4)
A copy of the SWPPP 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.
A.
The Stormwater Management Officer, is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants
are required to submit "as built" plans for any stormwater management
practices located on-site after final construction is completed. The
plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
B.
The applicant or developer of the land development activity 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 or developer to achieve
compliance with the conditions of this article. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
C.
For land development activities as defined in Subsection A and meeting Condition A, B or C in § 110-38D, 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 inches of precipitation or more. Inspection reports shall be maintained in a site log book.
D.
Inspection programs shall be established on any reasonable basis,
including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher than
usual discharges of contaminants or pollutants or with discharges
of a type which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include,
but are not limited to: reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water
in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater management practices.
E.
Submission of reports. The Stormwater Management Officer may require
monitoring and reporting from entities subject to this article as
are necessary to determine compliance with this article.
F.
Maintenance easement for inspection. When any new stormwater management
facility is installed on private property or when any new connection
is made between private property and the public storm water system,
the landowner shall grant to the Town of Shelter Island the right
to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection.
G.
The owner or operator of permanent stormwater management practices
installed in accordance with this article shall ensure they are operated
and maintained to achieve the goals of this article. 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 article.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause
or contribute to water quality standard violations.
H.
The Town of Shelter Island shall approve a formal maintenance agreement
for stormwater management facilities binding on all subsequent landowners
and recorded in the office of the County Clerk as a deed restriction
on the property prior to final plan approval. The Town of Shelter
Island may, in lieu of a maintenance agreement, at its sole discretion
accept dedication of any existing or future stormwater management
facility, provided such facility meets all the requirements of this
article and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
I.
Recordkeeping. The Town of Shelter Island may require entities subject
to this article to maintain records demonstrating compliance with
this article.
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 article, 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 being the land
development or redevelopment activity into compliance with this article
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 article. 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 article.
C.
Violations. Any land development or redevelopment activity that is
commenced or is conducted contrary to this article, may be restrained
by injunction or otherwise abated in a manner provided by law.
D.
Criminal penalties. In addition to or as in alternative to any penalty
provided herein or by law, any person who violates the provisions
of this article 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 article 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 his/her 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
article. If a person has violated or continues to violate the provisions
of this article, 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 article, the Town may prevent the occupancy of said
building or land.
I.
Restoration of lands. Any violator may be required to restore land
or 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 article. 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 Shelter Island 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 Shelter Island, or any state
or local law, and the decision of the Town of Shelter Island 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 article 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. The Town Board is hereby authorized to
set any necessary fees to for these services.
