This chapter shall be known as the "Stormwater Management; Erosion
and Sediment Control; and Illicit Discharges Law."
A.Â
Statutory authorization. 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.
B.Â
Conflict with other laws. In their interpretation and application,
the provisions of this chapter shall be minimum requirements adopted
for the promotion of the public health, safety and welfare. Whenever
the requirements of this chapter are at variance with the requirements
of the New York State Department of Environmental Conservation SPDES
general permits for construction activities (GP-0-10-001) and for
stormwater discharges from MS4s (GP-02-02), as amended or revised,
and the corresponding regulations, the most restrictive or that imposing
the highest standards shall govern.
It is hereby determined that:
A.Â
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.Â
Stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species, and may adversely affect aquatic organisms through
changes in temperature and salinity;
C.Â
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.Â
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank, shoreline and bluff erosion and sedimentation;
E.Â
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
F.Â
Substantial economic losses can result from these adverse impacts
on the waters of the Town;
G.Â
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.Â
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, shoreline
and bluff erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety;
I.Â
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; and
J.Â
Illicit discharges threaten water quality through the introduction
of toxic and hazardous substances.
It is the purpose of this chapter to promote and protect, to
the maximum extent practicable, the public health, safety and general
welfare by i) establishing minimum stormwater management requirements
and controls; ii) regulating nonstormwater discharges to the municipal
separate storm sewer system (MS4) to the maximum extent practicable
as required by federal and state law; and iii) establishing methods
for controlling the introduction of pollutants into the MS4 in order
to comply with requirements of the New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
general permit for MS4. The objectives of this chapter are as follows:
A.Â
Minimizing soil erosion, sedimentation and stormwater runoff;
B.Â
Controlling, restricting or prohibiting activities which alter natural
drainage systems, floodplains, stream channels and natural protective
features, including, but not limited to, wetlands, bluffs, dunes,
beaches, natural protective features, which contribute to the accommodation
of floodwaters and retention of sediment;
C.Â
Controlling, restricting or prohibiting land use activities which
increase nonpoint source pollution due to stormwater runoff and/or
which result in discharge onto public lands, neighboring properties
or natural protective features;
D.Â
Assuring that land and water uses in the Town are designed and/or
conducted using best management practices to control flooding, stormwater
runoff and minimize stormwater runoff from discharging onto public
lands, neighboring properties or natural protective features;
E.Â
Promoting the recharge of stormwater into the freshwater aquifer
to protect the drinking water supply and minimize saltwater intrusion.
F.Â
Meet the requirements of minimum control measures 4 and 5 of the
SPDES general permit for stormwater discharges from municipal separate
stormwater sewer systems (MS4s), Permit No. GP-02-02, or as amended
or revised;
G.Â
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
SPDES general permits for construction activities (GP-0-10-001) and
for stormwater discharges from MS4s (GP-0-10-002) or as amended or
revised;
H.Â
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, temperature fluctuations of
surface waters of the State of New York, and streambank erosion and
maintain the integrity of stream channels;
I.Â
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
J.Â
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable;
K.Â
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;
L.Â
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
M.Â
To prohibit illicit connections, activities and discharges to the
MS4;
N.Â
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter; and
O.Â
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.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings as herein defined.
Any word or term not noted below shall be used with a meaning as defined
in Webster's Third New International Dictionary of the English
Language, unabridged (or latest edition).
The production for commercial purposes of crops, livestock
and livestock products, but not land or portions thereof used for
processing or retail merchandising of such crops, livestock or livestock
products. Land used in agricultural production shall also include
fences, equipment storage buildings, livestock barns, irrigation systems
and any other structures used exclusively for agricultural purposes.
The production, keeping or maintenance, for sale, lease or
personal use, of all plants and animals useful to man, including but
not limited to forages and sod crops; grains and seed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats
or any mutation of hybrids thereof, including the breeding and grazing
of any or all of such animals; bees and apiary products; fur animals;
fruits of all kinds, including grapes, nuts and berries, vegetables;
floral, ornamental and greenhouse products; or lands devoted to a
soil conservation or forestry management program.
The post-development peak flow rate(s) has increased by more
than 5% of the pre-developed condition for the design storm of interest
(e.g., ten-year and one-hundred-year).
The person, persons or legal entity which 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.
Schedule of 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.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Naturally deposited earthen material from an approved upland
borrow source.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Cutting down, felling, thinning, logging or removing, killing,
destroying, poisoning, ringbarking, uprooting, grubbing or burning
vegetation, severing, topping or lopping branches, limbs, stems or
trunks or substantially damaging or injuring in other ways that would
cause or contribute to the death or affect the survivability and growth
of vegetation. This definition also includes removal of dead and dying
vegetation.
A sewer that is designed to collect and convey both "sewage"
and "stormwater."
The initial disturbance of soils associated with clearing,
grading or excavation activities, or other construction-related activities
that disturb or expose soils, such as demolition, stockpiling of fill
material, and the initial installation of erosion and sediment control
practices required in the SWPPP.
The siting, building, erection, extension, or material alteration
of any structure, the use of which requires permanent or temporary
location on the ground, as well as the installation of any hardened
surfaces at or below grade.
Activities involving land disturbance of 5,000 square feet
or more, including disturbances of less than 5,000 square feet that
are part of a larger common plan of development that will ultimately
disturb 5,000 or more square feet of land, excluding routine maintenance
activity that is performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility. All construction
activities include but are not limited to clearing and grubbing, grading,
excavating and demolition.
[Amended 8-26-2014 by L.L. No. 9-2014]
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 application updates, that serves as the official
guide for stormwater management principles, methods and practices.
New York State licensed professional engineer or licensed
architect.
A person who undertakes land development activities.
Any man-made change to improved or unimproved real property,
including but not limited to any construction activities, the construction
of buildings or other structures, creating access to and circulation
within the site, clearing of vegetation, grading, providing utilities
and other services, parking facilities, drainage systems, methods
of sewage disposal and other services, and creating land forms. Development
also includes significant alteration of natural resources in preparation
for development, such as the dredging or filling of wetlands, ponds
or other natural drainage areas.
That runoff flows from a construction site by overland flow
and the first point of discharge is the specific surface water body,
or runoff flows from a construction site to a separate storm sewer
system and the first point of discharge from the separate storm sewer
system is the specific surface water body.
To emit, expel, pour, direct or otherwise cause the flow
of liquid in a manner other than the natural course of that liquid
which existed prior to the disturbance of the natural state of the
land upon which it flowed, if any.
Includes gutters, swales, pipes, conduits and superstructures
(e.g., dry wells, sumps, berms, etc.) for the collection and conduction
of stormwater to an adequate facility for its storage and disposal.
The wearing away of land as a result of the action of natural
forces or man-related activities.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
A drawing showing the proposed use of the site and the methods,
techniques and improvements, both during and after construction, that
will be employed to control erosion, sedimentation and stormwater
runoff, which shall employ best management practices. Where the nature
of the existing conditions and proposed activities warrant, the Building
Inspector may require that such plan be prepared by a design professional
licensed in the State of New York.
The removal, addition, or alteration of soil, sand, or vegetation
by digging, dredging, drilling, cutting, scooping, or hollowing out.
The deposition of natural or artificial material so as to
modify the surface or subsurface conditions of upland or underwater
land.
That 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, rock riprap or washed/crushed
stone have been applied on all disturbed areas that are not covered
by permanent structures, concrete or pavement.
The excavation, filling or alteration of the surface or subsurface
conditions of land, lakes, ponds, or watercourses.
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, 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, process wastewater, and wash water to
enter the MS4 and any connection 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 to the MS4 which has not been
documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
Includes but is not limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. Illicit discharges include any direct or indirect discharge to the MS4, except as exempted in § 236-25A (discharge prohibitions) and/or as permitted by the Town.
Any surface exposed to stormwater from which water runs off
and cannot pass through, including but not limited to structures,
paving, paving blocks, bedding material, packed earth, treated surfaces,
roof structures, patios, decking, stoops, porches, and accessory structures.
A facility serving one or more parcels of land or residential
households, or a private commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
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 5,000 square feet unless determined otherwise
by the Department or the Town of Southold, 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 contiguous area where multiple separate and distinct construction
activities are occurring, or will occur, under one plan. The term
"plan" in "larger common plan of development or sale" is broadly defined
as any announcement or piece of documentation (including a sign, public
notice or hearing, marketing plan, advertisement, drawing, permit
application, State Environmental Quality Review Act [SEQRA] application,
zoning request, computer design, etc.) or physical demarcation (including
boundary signs, lot stakes, surveyor markings, etc.) indicating that
construction activities may occur on a specific plot.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Any permit, grant, approval, license, certificate or other
authorization issued by the Town of Southold, including but not limited
to permits for building, grading, demolition, clearing and excavation
and subdivision and site plan approvals.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, culverts, sumps, dikes, dams, man-made channels, boat ramps
or storm drains and other MS4 control systems):
The stormwater runoff patterns resulting from topographical
and geological surface conditions, prior to clearing, regrading or
construction.
A nearshore area, beach, bluff, dune or wetland and the vegetation
thereon.
The route formed by natural processes, topography and geology
leading to a natural watershed.
An area of land which, in its natural state and prior to
any man-made change, and due to its topography and geology, drains
to a particular location within that area.
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, residential, commercial and urban runoff sources.
Any discharge to the MS4 that is not composed entirely of
stormwater.
The land area subject to the highest level of flooding that,
on the average, is likely to occur once every 100 years (i.e., that
has a one-percent chance of occurring each year), as said level is
shown on the Federal Emergency Management Agency Flood Insurance Rate
Maps on file in the Southold Town Building Department.
A pervious surface is one that has the ability to be readily
penetrated by stormwater or other runoff. Pervious pavement mixtures
contain little or no fine particles creating a substantial void content
while still maintaining its structure integrity. Aggregate materials
typically consist of No. 1 or No. 2 rounded "rocklike" fragments using
sufficient approved cementitious materials, paste or bonding agents
to permanently fasten aggregate particles together to create a system
of highly permeable, interconnected voids that freely drain. Typically,
between 15% and 25% of interconnected voids are required for consideration
as a pervious pavement. The flow rate of water through pervious surfaces
is typically around five gallons per square foot per minute or higher.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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,
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.
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, such as pathogens, phosphorous, heavy metals or dissolved
oxygen that will receive a discharge from the land development activity.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Land development activity.
A person who 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 Department-endorsed individual(s).
A person who is knowledgeable in the principles and practices
of stormwater management and treatment, such as a licensed professional
engineer, registered landscape architect or other Department-endorsed
individual(s). Individuals preparing SWPPPs that require the post-construction
stormwater management practice component must have an 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 an SWPPP that conforms to the Department's
technical standard. All components of the SWPPP that involve the practice
of engineering, as defined by the New York State Education Law (see
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.
Owners and occupants of premises, applicants for municipal
permits, and any other person or entity contributing to an act regulated
by this chapter.
The processes that operate at or near the surface of the
ground to deposit soils, debris and other materials either on other
ground surfaces or in water channels.
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.
The activities of stripping, clearing, grubbing, excavating,
filling, and grading to facilitate construction or other use of the
land.
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.
Discharge compliance with water quality standards: The condition
that applies where the Town of Southold 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.
Section 303(d) listed waters: 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.
Total maximum daily load (TMDL) strategy: 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.
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.
The use of practices that prevent exposed soil from eroding.
The system established pursuant to Article 17 of the ECL[1] and 6 NYCRR Part 750 for issuance of permits authorizing
discharges to the waters of the state.
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 pollutants of concern 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.
The plan required by the Town to comply with the provisions
of this chapter. For the purposes of this chapter, a stormwater pollution
prevention plan, when required by the Department's regulations,
will qualify as a stormwater management control plan.
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 Town to accept and
review stormwater management control plans and stormwater pollution
prevention plans, forward the plans to the applicable municipal board
and inspect stormwater management practices.
[Amended 8-26-2014 by L.L. No. 9-2014]
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.
That part of stormwater that flows over the land surface.
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 United States
Environmental Protection Agency (EPA) established water quality standards
and/or to specify stormwater control standards.
The process of mechanically scraping away topsoil.
Any object constructed, erected, installed or placed on land
or in water, including buildings, sheds, mobile homes, tanks, bulkheads,
piers and docks and any additions or alterations thereto.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, wetlands, 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 man-made 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.
Waters of the state are further defined in 6 NYCRR Parts 800 to 941.
That exposed soil has been covered with material(s) as set
forth in the technical standard, New York Standards and Specifications
for Erosion and Sediment Control, to prevent the exposed soil from
eroding. The materials can include, but are not limited to, mulch,
seed and mulch, and erosion control mats (e.g., jute twisted yarn,
excelsior wood fiber mats).
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 Department
as required by Section 303(d) of the Clean Water Act.[2] Section 303(d) listed waters are estuaries, bays, creeks,
lakes and streams that fall short of state surface water quality standards
and are not expected to improve within the next two years.
The uppermost layer of soil, usually the top 15 to 20 centimeters,
it having the highest concentration of organic matter and microorganisms,
and where most of the Earth's biological soil activity occurs.
A TMDL is the sum of the allowable loads of a single pollutant
from all contributing point and nonpoint sources. It is a calculation
of the maximum amount of a pollutant that a water body can receive
on a daily basis and still meet water quality standards, and an allocation
of that amount to the pollutant's sources. A TMDL stipulates
wasteload allocations (WLAs) for point source discharges, load allocations
(LAs) for nonpoint sources, and a margin of safety (MOS).
An employee from the contracting (construction) company that
has received four hours of Department-endorsed training in proper
erosion and sediment control principles from a soil and water conservation
district or other Department-endorsed entity. After receiving the
initial training, the trained contractor shall receive four hours
of training every three years.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
Such measures of purity or quality for any waters in relation
to their reasonable and necessary use as promulgated in 6 NYCRR Part
700 et seq.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
This chapter shall apply to all property within the Town of
Southold and shall govern:
A.Â
Applicability.
(1)Â
All grading, drainage and erosion control, whether or not a permit
is required;
(2)Â
All new or replaced impervious surface and all land development activities,
whether or not a permit is required;
(3)Â
All discharges directly or indirectly to a highway or public right-of-way,
public drainage control system, neighboring property, wetland or public
waterway; and
(4)Â
All new and existing land uses within the Town.
(5)Â
All water entering the MS4 generated on any developed and undeveloped
lands unless explicitly exempted by an authorized enforcement agency.
B.Â
General prohibitions. The following items are not authorized under
this chapter:
(1)Â
Discharges after land development activities have been completed
and the site has undergone final stabilization.
(2)Â
Discharges that are mixed with sources of nonstormwater other than those authorized in § 236-25A(1) of this chapter and identified in an SWPPP required by this chapter.
(3)Â
Discharges that are required to obtain an individual SPDES permit
or another SPDES general permit by the Department.
(4)Â
Discharges from land development activities that adversely affect
a listed, or proposed to be listed, endangered or threatened species,
or its critical habitat.
(5)Â
Discharges which either cause or contribute to a violation of water
quality standards adopted pursuant to the State Environmental Conservation
Law and its accompanying regulations.
(6)Â
Land development activities for residential, commercial and institutional
projects that disturb one or more acres of land with no existing impervious
cover and where the soil slope phase is identified as an E or F on
the USDA soil survey for Suffolk County.
(7)Â
Land development activities for linear transportation projects and
linear utility projects that disturb two or more acres of land with
no existing impervious cover and where the soil slope phase is identified
as an E or F on the USDA soil survey for Suffolk County.
(8)Â
Land development activities that adversely affect a property that
is listed or is eligible for listing on the State or National Register
of Historic Places, unless there are written agreements in place with
the New York State Office of Parks, Recreation and Historic Preservation
(OPRHP) or other governmental agencies to mitigate the effects or
there are local land use approvals evidencing the same.
All land development activities shall be subject to the following
performance and design criteria:
A.Â
All land-disturbing activities or the addition or replacement of
impervious surfaces shall provide temporary and permanent construction
controls and shall be required to contain a two-inch rainfall on site,
even where approval of the Stormwater Management Officer is not required
under this chapter.
[Amended 8-26-2014 by L.L. No. 9-2014]
B.Â
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 herein:
(1)Â
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)Â
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereinafter referred
to as the "Erosion Control Manual").
C.Â
Equivalence to technical standards. 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 § 236-7B, and the SWPPP shall be prepared by a design professional.
D.Â
Water quality standards. Any land development activity shall not
cause or contribute to a violation of water quality standards as contained
in Parts 700 through 705 of Title 6 of the Official Compilation of
Codes, Rules and Regulations of the State of New York, such as:
(1)Â
There shall be no increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York;
(2)Â
There shall be no increase in suspended, colloidal or settleable
solids that will cause deposition or impair the waters for their best
usages; and
(3)Â
There shall be no residue from oil and floating substances, nor visible
oil film nor globules of grease.
The Town Board shall designate Stormwater Management Officers
by resolution. The Stormwater Management Officers shall have the following
authority:
A.Â
To accept and review all stormwater pollution prevention plans and
approve such plans prior to the approval of any municipal board.
B.Â
Upon approval of the Town Board, engage the services of a registered
professional engineer to review plans, specifications and related
documents and for such costs to be paid by the applicant.
C.Â
Accept the certification of a qualified professional that the plans
conform to the requirements of this chapter.
A.Â
Maintenance and inspection during construction.
(1)Â
The applicant or developer of any land development activity proposed under this chapter, as set forth in Articles II and/or III, or their representative shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant to achieve compliance with the requirements of this chapter. Sediment shall be removed from any sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
[Amended 8-26-2014 by L.L. No. 9-2014]
(2)Â
For land development activities as defined in Article III, §236-19, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. Inspection reports shall be maintained in a site log book.
[Amended 8-26-2014 by L.L. No. 9-2014]
B.Â
Maintenance easements. Prior to the issuance of any approval for those activities regulated under Article III 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 Southold 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 applicant or developer in the office of the County Clerk after approval by the Town Attorney.
C.Â
Inspection after construction. Inspection for stormwater management control plan compliance shall be conducted by the Stormwater Management Officer for those activities regulated under Articles II and/or III to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Stormwater Management Officer deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Stormwater Management Officer may require the submission of a modified plan in order to maintain compliance with this chapter.
D.Â
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with Article III of this chapter shall ensure they are operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, at a minimum, the following:
(1)Â
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)Â
Written procedures for operation and maintenance and training new
maintenance personnel.
E.Â
Restoration. For land development activities regulated under Articles II and/or III, any clearing, excavation or development of land in violation of this chapter shall be corrected forthwith after written notice by the Stormwater Management Officer. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action against any responsible party, owner, occupant, builder, architect, contractor or their agents, or any other person undertaking land development activities regulated under Articles II and/or III to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred.
F.Â
Maintenance agreements. For land development activities regulated under Article III, the Town of Southold 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 following activities shall be exempt from review under this
chapter unless the Department or Town SMO has determined that the
activity is a substantial contributor of pollutants to a particular
MS4 covered under the SPDES general permit; the Department or Town
SMO requires such activities in a particular watershed; and the activity
is designated within the SWMPP as draining into the MS4 and subsequently
discharges into the surface waters of the state directly or through
other MS4s:
A.Â
Agricultural production as defined in this chapter. However, this
exemption does not extend to the operation of a dude ranch or similar
operation or to the construction of new structures associated with
agricultural production.
B.Â
Routine maintenance activities that disturb less than 5,000 square
feet and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
C.Â
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
D.Â
Any part of a subdivision road and drainage plan if a plat for the
subdivision has been approved by the Town of Southold Planning Board
and constructed on or before the effective date of this chapter.
E.Â
Land development activities for which an unexpired building permit has been approved on or before the effective date of Chapter 236.
F.Â
Individual cemetery grave sites in a developed or preexisting cemetery.
G.Â
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
H.Â
Emergency activity immediately necessary to protect life, property
or natural resources.
I.Â
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.
J.Â
Landscaping and horticultural activities in connection with an existing
structure, with a disturbance of less than 5,000 square feet of land.
K.Â
Minor clearing or excavation work not incident to a substantial change
in the existing use of the land, which may be reasonably expected
not to contribute to any additional on-site-generated runoff or degradation
of any lands or water beyond the boundaries of the property involved.
L.Â
Emergency repairs on public or private objects, necessary for the
preservation of life, health or property, or taken to implement and
accomplish the beneficial purpose of this chapter as set forth herein
under such circumstances where it would be impracticable to obtain
approval prior to making such emergency repairs. Following such an
emergency situation, however, any approvals required by this chapter
shall be obtained.
M.Â
Routine maintenance or repair work on public or private roads or
utility line rights-of-way where interim and permanent stormwater
runoff control measures will be undertaken. To the maximum extent
practicable, vegetation shall be used as a stabilizer and method of
filtering and slowing stormwater flow from road surfaces.
N.Â
Pervious structures, e.g., open decks, where the removal of topsoil
allows for the recharge of groundwater.
Plans approved by the Building Inspector in conjunction with
the issuance of a building permit with an approved stormwater management
control plan are binding as against future purchasers, granting the
Town permission to enter the property for compliance enforcement purposes,
and containing a summary of the plan's requirements. Prior to
obtaining a certificate of occupancy from the Building Inspector,
an as-built drawing illustrating the as-built location and dimension
of any stormwater management control measures from at least two corners
of the foundation of the principal structure or other fixed locations
shall be submitted to the Building Inspector. When necessary, the
Town may also require the filing of covenants and restrictions to
be filed with the County Clerk as a condition of approval.
A.Â
An application for an amendment to a previously approved stormwater
management control plan shall include the previously approved plan,
together with all amendments noted therein. The SMO shall determine
compliance with this chapter as of the date of submission thereof.
B.Â
Upon its review of an application for amendment(s) to a previously
approved stormwater management control plan, the SMO must make a finding
that all standards are satisfied and may impose such reasonable conditions
as it deems appropriate or any reasonable modification to the plan
as the SMO deems appropriate in connection with its approval of the
proposed amendment.
C.Â
The applicant 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 applicant shall amend the SWPPP:
(1)Â
Whenever the current provisions prove to be ineffective in minimizing
pollutants in stormwater discharges from the site;
(2)Â
Whenever there is a change in design, construction or operation at
the construction site that has or could have an effect on the discharge
of pollutants; and
(3)Â
To address issues or deficiencies identified during an inspection
by the qualified inspector, the Department, the Town, or other regulatory
authority.
D.Â
The Department or the SMO may notify an applicant at any time that
the SWPPP does not meet one or more of the minimum requirements of
this chapter or the general permit. The notification shall be in writing
and identify the provisions of the SWPPP that require modification.
Within 14 calendar days of such notification, or as otherwise indicated
by the SMO, the applicant shall make the required changes to the SWPPP
and submit written notification to the Town that the changes have
been made. If the applicant does not respond to the Department's
or the Town's comments in the specified time frame, the Town
may revoke the SMO approval.
