For all stormwater discharges, responsible parties shall implement
and maintain operational source controls to include but not be limited
to:
A.
Installation of drainage control structures to contain and recharge
all runoff generated by development.
B.
Maintaining private roads, streets, driveways, parking lots and walkways.
C.
Identifying and eliminating unauthorized connections to Town drainage
control systems and public rights-of-way.
D.
Maintaining and protecting natural drainage patterns.
E.
Maintaining and protecting natural watersheds.
F.
Identifying and eliminating stormwater that is generated by the proposed
development from discharging to adjacent properties.
All land-disturbing activities or 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 an approval of the SMO is not required under this chapter.
All applicants for municipal permits shall demonstrate to the satisfaction
of the SMO that the proposed activities can meet this standard, either
by the installation of gutters, leaders, dry wells or other measures,
prior to the issuance of such a municipal permit.
None of the following activities shall be undertaken until an
approval of the SMO has been issued under the provisions of this chapter.
A.
Clearing, grubbing, grading or stripping which affects more than
5,000 square feet of ground surface.
B.
Excavation or filling involving more than 200 cubic yards of material
within any parcel or any contiguous area.
C.
Site preparation on slopes which exceed 10 feet of vertical rise
to 100 feet of horizontal distance.
D.
Site preparation within 100 feet of wetlands, beach, bluff or coastal
erosion hazard area.
E.
Site preparation within the one-hundred-year floodplain as depicted
on FIRM of any watercourse.
F.
Installation of new or resurfaced impervious surfaces of 1,000 square
feet or more, unless prior approval of a stormwater management control
plan was received by the Town and the proposal includes in-kind replacement
of impervious surfaces.
A.
All development, construction, excavation and landscaping activities
regulated by this chapter shall be conducted in accordance with an
approved stormwater management control plan.
B.
Where a subdivision plat or site plan approval has been obtained
and drainage has been addressed to the satisfaction of the SMO, the
SMO may consider such approval in satisfaction of these requirements.
However, all development on individual lots in an approved subdivision
shall remain subject to these requirements on an individual basis.
A.
Any applicant for a municipal approval to conduct a development,
construction, construction activity, land development activity or
excavation activity within the Town of Southold shall complete a stormwater
assessment form to assist in determining compliance with this chapter.
Applicants that meet the threshold set forth above and require a stormwater
management control approval shall also submit a stormwater management
control plan to the Board/Town department reviewing the municipal
approval application.
B.
Upon receipt by the Board/Town department reviewing the application
to conduct any activity regulated by this chapter, the Board/Town
department reviewing the municipal approval application shall refer
the proposed stormwater management control plan to the SMO for comment
and recommendation. No municipal approval shall be issued for activities
requiring a Stormwater Management Control approval, nor shall any
application therefor be deemed complete, until the SMO has first issued
his or her approval of the stormwater management control plan.
C.
Such plan shall contain the following elements where required by
the SMO, which may be integrated into a site plan or subdivision plat
submitted for approval pursuant to applicable Town law:
(1)
A general location map drawn to a scale of not less than 2,000 feet
to one inch showing the relationship of the site to its general surroundings.
(2)
A plan of the site drawn to a scale of not less than 60 feet to the
inch showing the location and description of property boundaries,
site acreage, existing natural and man-made features on and within
500 feet of the site boundary, including roads, structures, water
sources, drainage structures, utilities, topography including existing
contours with intervals of not more than five feet where the slope
is 10% or greater and not more than two feet where the slope is less
than 10%, test hole indicating soil characteristics, location of wooded
areas, the depth to seasonal high water table and a copy of the soil
conservation district soil survey.
(3)
Background information about the scope of the project and location
and description of proposed changes to the site and existing development
on the site, which includes:
(a)
All improvements, including total area of land disturbance and
total site area.
(b)
All excavation, filling, stripping and grading proposed to be
undertaken, identified as to the depth, volume, and nature of the
materials involved;
(c)
All areas requiring clearing, identified as to the nature of
vegetation affected;
(d)
All areas where topsoil is to be removed and stockpiled and
where topsoil is to be ultimately placed;
(e)
All temporary and permanent vegetation to be placed on the site,
identified as to planting type, size, and extent;
(f)
All temporary and permanent stormwater runoff control measures
identified as to the type of facility, the materials from which it
is constructed, its dimensions, and its capacity in cubic feet, including
soil stabilization techniques and stormwater drainage and storage
systems, including ponds, recharge and sediment basins.
(g)
The anticipated pattern of surface drainage during periods of
peak runoff, upon completion of site preparation and construction
activities, identified as to rate and direction of flow at all major
points within the drainage system;
(h)
The location of all roads, driveways, sidewalks, structures,
utilities, and other improvements, including temporary access and
construction staging areas; and
(i)
The existing and final contours of the site at intervals of
not more than five feet where the slope is 10% or greater and not
more than two feet where the slope is less than 10%.
(4)
A schedule of the sequence of installation of planned soil erosion,
sedimentation and stormwater runoff control measures as related to
the progress of the project, including anticipated starting and completion
dates.
(5)
Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavating and grading,
utility and infrastructure installation and any other activity at
the site that results in soil disturbance.
(6)
Description of pollution prevention measures that will be used to
control litter, construction chemicals and construction debris from
becoming a pollutant source in stormwater runoff.
(7)
A description of the minimum erosion and sediment control practices
to be installed or implemented for each construction activity that
will result in soil disturbance. Include a schedule that identifies
the timing of initial placement or implementation of each erosion
and sediment control practice and the minimum time frames that each
practice should remain in place or be implemented.
(8)
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.
(9)
Temporary and permanent soil stabilization plan that meets the requirements
of the most current version of the technical standard, New York State
Standards and Specifications for Erosion and Sediment Control, for
each stage of the project, including initial land clearing and grubbing
to project completion and achievement of final stabilization.
(10)
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 disturbances; 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 stormwater discharge(s); and the specific location(s), size(s),
and length(s) of each erosion and sediment control practice.
(11)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins.
(12)
Temporary practices that will be converted to permanent control
measures.
(13)
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.
(14)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practices.
(15)
Name(s) of the potential surface waters of the State of New
York and/or the receiving MS4.
(16)
Delineation of stormwater management control plan implementation
responsibilities for each part of the site.
(17)
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.
(18)
Any other existing data that describes the stormwater runoff
at the site.
(19)
The applicant must identify the contractor(s) and subcontractor(s)
that will be responsible for installing, constructing, repairing,
replacing, inspecting and maintaining the erosion and sediment control
practices included in the SWPPP.
A.
The site erosion, sedimentation and stormwater runoff control measures
shall be appropriate for existing topography, vegetation and other
salient natural features of the site. The plan shall indicate that
the development will preserve natural features, minimize grading and
cut and fill operations, ensure conformity with natural topography,
and retain natural vegetation and trees to the maximum extent practicable
in order to create the least erosion potential and adequately handle
the volume and rate or velocity of surface water runoff.
B.
Site grading, excavation and filling shall minimize destruction of
natural vegetation, the potential for erosion, sedimentation and stormwater
runoff and the threat to the health, safety and welfare of neighboring
property owners and the general public.
C.
Erosion, sedimentation and stormwater runoff shall be controlled
prior to, during, and after site preparation and construction. During
grading operations, appropriate measures for dust control shall be
undertaken.
D.
Areas exposed by site preparation shall be protected during site
construction with hay bales, silt fencing, temporary vegetation and/or
mulching to meet the requirements of the NYSDEC Erosion Control Manual.
E.
Natural drainage patterns shall be protected and incorporated into
site design. Where natural drainage patterns are demonstrated to be
adversely affecting a beach or surface waters of the State of New
York, as defined herein, drainage patterns may be altered in a manner
which reduces the threat to such beach or surface waters of the State
of New York, as defined herein, and does not create other flooding
or erosion problems.
F.
Site preparation, including stripping of vegetative cover and grading,
shall be undertaken so that no individual building site is stripped
of its vegetation cover more than 30 days prior to commencement of
construction. Soils exposed or disturbed by site preparation shall
remain so for the shortest practical period of time during site clearing,
construction and restoration.
G.
Disturbed soils shall be stabilized and revegetated or seeded as
soon as practicable. During the interim, erosion protection measures
such as temporary vegetation, retention ponds, recharge basins, berming,
silt traps and mulching shall be used to ensure that sedimentation
is minimized and mitigated.
H.
In no case shall stormwater be diverted to another property either
during site preparation or after development. In appropriate cases,
with the approval of the Superintendent of Highways, drainage control
measures may be implemented in the right-of-way attendant to an adjacent
Town highway, at the applicant's expense.
I.
During the construction period, disposal of stormwater runoff generated
by development activity shall be handled on site. Baling, mulching,
debris basins, silt traps, silt fencing, use of fibrous cover materials
or similar measures shall be used to contain soil erosion on the site.
J.
All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along water bodies, including wetlands and marshes, as may be required by Chapter 275 by the Board of Trustees.[1] If necessary, other forms of erosion control measures
will also be included.
K.
Natural land features such as shallow depressions shall be used,
wherever possible, to collect stormwater on site for recharge.
L.
Site designs shall minimize impermeable paving.
M.
Stormwater runoff shall not be directly discharged to surface waters
of the State of New York, as defined herein. Stormwater pollutants
shall not be discharged directly into a surface water of the State
of New York, as defined herein, but shall be attenuated by using holding
ponds, sedimentation basins, perimeter berming, vegetated buffer areas
and other measures that reduce flow velocity and increase storage
time. Pollutants shall not be discharged into wetlands. In addition,
any filtering devices constructed as part of the drainage system must
be adequately maintained in order to function properly.
N.
All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permitted by Chapter 275. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland without an approved SWPPP, Department approval, or in compliance with Chapter 275.
O.
Subsurface sediments shall be maintained to provide structural support
for the soils of the wetlands.
P.
The elevation of a wetland shall not be altered unless it is part
of a wetland restoration project approved by the Town and/or the Department.
Q.
No vegetation required by any agency as a buffer to a natural protective
feature shall be disturbed by grading, erosion, sedimentation, or
direct removal of vegetation.
R.
Fill shall not encroach on natural watercourses, constructed channels,
wetlands, or floodway areas. All fill shall be compacted at a final
angle of repose which provides stability for the material, minimizes
erosion and prevents settlement. All temporary stockpiles and/or graded
areas shall be protected with erosion control measures to include,
but not be limited to, hay bales, silt fencing, and vegetation to
meet the minimum requirements of the New York State Stormwater Design
Manual.
T.
The amount and velocity of runoff from a site after development shall
approximate its predevelopment characteristics. However, if the site
is adjacent to coastal waters, stormwater shall be contained on site,
to the maximum extent practicable, to prevent direct discharge of
runoff to coastal waters.
U.
Natural floodplains and drainage swales shall not be altered or disturbed
in a manner which decreases their ability to accommodate and channel
stormwater runoff and floodwaters. If no practicable alternative to
the location of development, roadway, driveways, and similar surfaces
within these areas exists, such facilities shall be sited and constructed
to minimize and mitigate the amount and velocity of stormwater entering
the channel, floodplain or swale and to approximate the original functions
of the undisturbed condition.
V.
No land having a slope equal to or greater than 20% shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of natural or engineered drainage and erosion control measures except accessways to shorelines permitted by Chapter 275. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow.
W.
On lands having slopes of less than 20% but composed of highly erodible
soils, development proposals shall include consideration of the load-bearing
capacity of the soils. Unless it can be demonstrated that the soils
can be stabilized with a minimum of on-site disturbance and no adverse
impacts to the stability of neighboring properties, the development
proposal shall not be approved as submitted.
X.
All permanent and/or final vegetation and mechanical erosion control
measures called for in approved plans shall be installed within the
time limits specified by the Stormwater Management Officer, and no
later than the time limits specified by the Stormwater Management
Officer or noted in the stormwater management control plan.
