Construction activities that discharge or potentially discharge stormwater to surface waters, whether directly or via an MS4, and that fall within any one of the below categories will require the submission of an SWPPP as set forth in § 236-20C(1) of this chapter which includes only erosion and sediment controls.
Construction activities that involve soil disturbance of one or more acres of land but less than five acres:
The following construction activities that involve soil disturbances of one or more acres of land:
Installation of underground, linear utilities, such as gas lines, fiber optic cable, cable TV, electric, telephone, sewer mains, and water mains;
Environmental enhancement projects, such as wetland mitigation projects, stormwater retrofits and stream restoration projects;
Bike paths and trails;
Sidewalk construction projects that are not part of a road/highway construction or reconstruction project;
Slope stabilization projects;
Slope flattening that changes the grade of the site, but does not significantly change the runoff characteristics;
Spoil areas that will be covered with vegetation;
Land clearing and grading for the purposes of creating vegetated open space (i.e., recreational parks, lawns, meadows, fields), excluding projects that alter hydrology from pre- to post-development conditions;
Athletic fields (natural grass) that do not include the construction or reconstruction of impervious area and do not alter hydrology from pre- to post-development conditions;
Demolition project where vegetation will be established and no redevelopment is planned;
Overhead electric transmission line project that does not include the construction of permanent access roads or parking areas surfaced with impervious cover; and
Structural practices as identified in Table II in the "Agricultural Management Practices Catalog for Nonpoint Source Pollution in New York State," excluding projects that involve soil disturbances of less than five acres and construction activities that include the construction or reconstruction of impervious area.
Construction activities that discharge or potentially discharge stormwater to surface waters, whether directly or indirectly via an MS4, and that meet any one of the below thresholds, shall also include water quantity and quality controls (postconstruction stormwater runoff controls) as set forth in § 236-20C(2) as applicable:
[Amended 8-26-2014 by L.L. No. 9-2014]
Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation’s Section 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.
Stormwater runoff from land development activities disturbing five or more acres.
Stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences, construction of single-family residential subdivisions with less than 25% impervious cover at total site build-out and construction activities at agricultural properties.
Any applicant for an activity that requires approval of the SMO for land development activities within the Town of Southold that meets any of the thresholds set forth in § 236-19 shall comply with the New York State Department of Environmental Conservation SPDES general permit for construction activities (GP-0-10-001), as amended, and complete a stormwater assessment form to assist in determining compliance with this chapter. The application shall include a stormwater pollution prevention plan (SWPPP), which should be submitted to the Building Department.
Upon receipt by the SMO of any application for an approval, the SMO may refer the proposed SWPPP to the Town Engineering Department for comment and recommendations. No municipal permit that shall be issued for activities requiring an approval of the SMO nor shall any application therefor be deemed complete until the SMO has issued an approval of the SWPPP and has issued a formal SWPPP acceptance form.
The SWPPP shall include, at a minimum, the following:
Identification of potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges;
Documentation supporting the determination of approval with regard to historic places or archaeological resources. At a minimum, the supporting documentation shall include:
Information on whether the stormwater discharge or land development activities would have an effect on a property (historic or archaeological resource) that is listed or eligible for listing on the State or National Register of Historic Places;
Results of historic resources screening determinations conducted. Information regarding the location of historic places listed, or eligible for listing, on the State or National Register of Historic Places and areas of archaeological sensitivity that may indicate the need for a survey can be obtained online by viewing the New York State Office of Parks, Recreation and Historic Places (OPRHP) online resources located on its website;
A description of measures necessary to avoid or minimize adverse impacts on places listed, or eligible for listing, on the State or National Register of Historic Places. If the applicant fails to describe and implement such measures, the stormwater discharge is ineligible for coverage under this permit; and
Where adverse effects may occur, any written agreements in place with OPRHP or other governmental agency to mitigate those effects, or local land use approvals evidencing the same.
A description of the soil(s) present at the site, including an identification of the hydrolic soil group (HSG);
Identification of any elements of the design that are not in conformance with the Design Manual. Include the reason for the deviation or alternative design, and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standards;
A hydrologic and hydraulic analysis for all structural components of the stormwater management control system;
A detailed summary (including calculations) of the sizing criteria that were used to design all post-construction stormwater management practices. At a minimum, the summary shall address the required design criteria from the Design Manual, including the identification of and justification for any deviations from the Design Manual, and identification of any design criteria that are not required based on the design criteria or waiver criteria included in the Design Manual;
An operations and maintenance plan that includes inspection and maintenance schedules and actions to ensure continuous and effective operation of each post-construction stormwater management practice. The plan shall identify the entity that will be responsible for the long-term operation and maintenance of each practice.
For construction activities that meet any of the thresholds in § 236-19B, these additional post-construction stormwater runoff controls shall be included in the SWPPP:
Description of each post-construction stormwater management practice to be constructed as part of the project.
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
Comparison of post-development stormwater runoff conditions with pre-development conditions.
Dimensions, material specifications and installation details for each post-construction stormwater management practice.
Maintenance schedule provided by the contractor(s) to ensure continuous and effective operation of each post-construction stormwater management practice.
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.
For those activities that meet the threshold set forth in § 236-19B(1), the SWPPP shall be prepared by a qualified professional who is knowledgeable in the principles and practices of stormwater management and treatment and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements of this chapter.
Any applicant for an activity shall not disturb greater than five acres of soil at any one time without prior written authorization from the Department or the SMO. At a minimum, the applicant must comply with the following requirements in order to be authorized to disturb greater than five acres of soil at any one time:
The applicant shall have a qualified inspector conduct at least two site inspections in accordance with the general permit (GP-0-10-001), every seven calendar days, for as long as greater than five acres of soil remain disturbed. The two inspections shall be separated by a minimum of two full calendar days.
In areas where soil disturbance activity has been temporarily or permanently ceased, temporary and/or permanent soil stabilization measures shall be installed and/or implemented within seven days from the date the soil disturbance activity ceased. The soil stabilization measures selected shall be in conformance with the most current version of the technical standard, New York State Standards and Specifications for Erosion and Sediment Control.
The applicant shall prepare a phasing plan that defines maximum disturbed area per phase and shows required cuts and fills.
The applicant shall install any additional site-specific practices needed to protect water quality.
The applicant shall include the above requirements in its SWPPP.
The SMO may suspend or revoke an applicant's approval at any time if the SMO determines that the SWPPP does not meet the requirements of this chapter.
The applicant shall notify the Town in writing of any planned amendments or modifications to the post-construction stormwater management component of the SWPPP that may be required. Unless otherwise notified by the Town, the applicant shall have the SWPPP amendments or modifications reviewed and accepted by the SMO prior to commencing construction of the post-construction stormwater management practice.
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the stormwater pollution prevention plan, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
Recordkeeping. The Town may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
Submission of reports. The SMO may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
Right of entry 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 stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 236-34A.
Stormwater management practice inspections. The Town's SMO 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.
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.
Prior to the commencement of land development activity, 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 and the contractor(s) and subcontractor(s) that will be responsible for constructing the post-construction stormwater management practices included in the SWPPP.
The applicant shall have each of the contractors and subcontractors identify at least one person from their company that will be responsible for implementation of the SWPPP. This person shall be known as the "trained contractor." The applicant shall ensure that at least one trained contractor is on site on a daily basis when soil disturbance activities are being performed.
The applicant shall have each of the contractors and subcontractors identified above sign a copy of the following certification statement below before they commence any land development activity:
In addition to providing the certification statement above, the certification page must also identify the specific elements of the SWPPP that each contractor and subcontractor will be responsible for and include the name and title of the person providing the signature; the name and title of the trained contractor responsible for SWPPP implementation; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification statement is signed. The applicant shall attach the certification statement(s) to the copy of the SWPPP that is maintained at the construction site. If new or additional contractors are hired to implement measures identified in the SWPPP after construction has commenced, they must also sign the certification statement and provide the information listed above.
A copy of the SWPPP, the general permit (GP-0-10-001), notice of intent, notice of intent acknowledgment letter, Town SWPPP acceptance form and inspection reports shall be retained in a secure location at the site of the land development activity during construction from date of initiation of construction activities to the final date of stabilization.
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.