Article IV: Erosion and Sediment Control Plans and Stormwater Pollution Prevention Plans

§ 119-6 Plan requirement and contents.

Any application for approval of a land development activity that will result in land disturbance between 5,000 square feet and one acre shall submit an erosion and sediment control plan prepared in accordance with the most current version of Appendix E (Erosion and Sediment Control Plan for Small Home Site Construction) of the New York Standards and Specifications for Erosion and Sediment Control. The submittal shall include the appropriate application forms, fees in accordance with the Code of the Town of Southeast, and required plans.

Any application for approval of a land development activity that will result in land disturbance equal to or greater than one acre shall submit a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter. The submittal shall include the appropriate application forms, fees in accordance with the Code of the Town of Southeast, and the plans and materials described below. The submittal shall address the SWPPP requirements and contents below and the performance and design criteria set forth elsewhere in this chapter.

Stormwater runoff from land development activities in Southeast may discharge a pollutant of concern (phosphorus) to either an impaired water identified on the NYSDEC'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. Therefore, erosion and sediment controls and water quantity and water quality controls (postconstruction stormwater runoff controls) must be addressed.

All SWPPPs shall provide the following background information and erosion and sediment controls. Plans shall be at a scale no smaller than one inch equals 50 feet and should be prepared by and bear the name, signature and seal of a professional engineer, landscape architect or certified professional, as required by law and licensed by the State of New York. Elements of such plans and related studies and materials may be prepared by other designers or technicians as authorized by law and noted on the documents submitted. The professional preparing the plan shall certify that the design of all stormwater management practices (SMPs) meets the requirements in this chapter. The following information and plans shall be provided:

(1)

Background information about the scope of the project, including the location, type and size of the project.

(2)

Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s).

(3)

A description of the soil(s) present at the site.

(4)

A construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.

(5)

A 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.

(6)

A 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.

(7)

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 closeout.

(8)

A site map/construction drawing(s) specifying the location(s) size(s) and length(s) of each erosion and sediment control practice.

(9)

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.

(10)

Temporary practices that will be converted to permanent control measures.

(11)

An 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.

(12)

A maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.

(13)

The name(s) of the receiving water(s).

(14)

A delineation of SWPPP implementation responsibilities for each part of the site.

(15)

A 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.

(16)

Any existing data that describes the stormwater runoff at the site.

All SWPPPs shall provide the following water quantity and water quality controls (postconstruction stormwater runoff controls) in accordance with the same standards for plan scale and preparation required for erosion and sedimentation controls as set forth in § 119-6D:

(1)

A description of each postconstruction stormwater management practice.

(2)

A site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.

(3)

A hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

(4)

A comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.

(5)

Dimensions, material specifications and installation details for each postconstruction stormwater management practice.

(6)

A maintenance schedule to ensure continuous and effective operation of each postconstruction 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)

An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Article V of this chapter.

The Planning Board or the Building Department (for applications for land development activity not requiring Planning Board approval), upon written request by the applicant, may consider a waiver of specific provisions of these regulations. The written request from the applicant must include reasoning for each of the provisions to be waived. The Planning Board or the Building Department may waive specific provisions if requested, provided that, in its judgment, the particular circumstances of the proposed land development activity are not requisite in the interest of the public health, safety and general welfare and the waiver of same will still result in an erosion and sediment control plan and/or SWPPP that is consistent with the findings and purpose of this chapter as stated herein. No waiver shall be granted that would limit, reduce or impair the effectiveness of any other law applicable to the land development activity.

§ 119-7 Performance and design criteria: technical standards.

[Amended 11-30-2023 by L.L. No. 11-2023]

All land disturbance activities shall be subject to the following performance and design criteria:

Technical standards.

(1)

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 of this chapter.

(a)

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").

(b)

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, hereafter referred to as the "Erosion Control Manual").

(2)

Equivalence to technical standards.

(a)

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 § 119-7A(1), and the SWPPP shall be prepared by a licensed professional.

(3)

Water quality standards.

(a)

Post-construction stormwater management controls shall be designed in accordance with the most current version of the New York State Department of Environmental Conservation Enhanced Phosphorus Removal Design Criteria.

(4)

Tree clearing and restoration standards.

(a)

All clear-cutting activities shall be required to prepare a tree removal and restoration plan that shall include:

[1]

The quantity, size, type, and location of trees to be removed.

[2]

The location of existing trees eight inches DBH or greater.

[3]

The location of wetlands, watercourses, and associated buffers as defined in Chapter 78 of the Town Code.

[4]

The location of ridgeline protection areas as defined in Chapter 138 of the Town Code.

[5]

Slopes in excess of 25%.

[6]

The proposed start date and anticipated completion date of the project.

(b)

Required buffer. All clear-cutting activities shall maintain a tree buffer area along adjacent public rights-of-way and/or publicly owned property. A minimum of three trees per 100 linear feet shall be required in said buffer area. The tree buffer area, and trees within the buffer, shall be clearly indicated on the tree removal and restoration plan.

(c)

Required bond. All clear-cutting activities shall be required to bond for the replacement and restoration of the removed trees in such amount as the MS4 Coordinator deems necessary to ensure that all disturbed areas will be restored.

(d)

Waivers. The Town Engineer, upon written request by the applicant, may consider a waiver of specific provisions of § 119-7A(4). The written request from the applicant must include reasoning for each of the provisions to be waived. The Town Engineer may waive specific provisions if requested, provided that, in its judgment, the particular circumstances of the proposed tree clearing activity are not requisite in the interest of the public health, safety and general welfare and the waiver of same will still result in the stabilization of the site, preservation of certain trees, and restoration of trees where appropriate. No waiver shall be granted that would limit, reduce or impair the effectiveness of any other law applicable to the land development activity.

(e)

Enforcement. Enforcement shall be in accordance with § 119-15 of this chapter.

§ 119-8 Review procedure.

Regulated activities subject to administrative permit. At the discretion of the Building Department, any land development activity that does not require review by the Planning Board and is a regulated activity under § 119-3 requires an administrative permit, subject to the requirements of this chapter.

Regulated activities subject to review of Planning Board. Any applicant proposing to conduct a land development activity that requires Planning Board review as defined in § 119-3 shall file a complete application, plans and materials as part of the application submission to the Planning Board in accordance with the SWPPP requirements, contents and performance and design criteria set forth herein.

The submittal to the Building Department or Planning Board shall include the original application and the number of copies of all forms, plans and materials necessary, as determined by the Building Department or Planning Board, to distribute to all reviewers, including the Town Engineer; and any related consultant or agency. The submittal shall be organized by the applicant into identical packets containing all forms, plans and materials for each reviewer. Upon receipt of all required plans and materials and fees, the Building Department or Planning Board shall distribute to the Town Engineer and all reviewers and may send multiple packets to a reviewing board to distribute to its members.

The Town Engineer shall review the plans and materials and provide a written report to the Planning Board or the Building Department. The Engineer's report shall indicate whether the application, plans and materials are complete for the purpose of granting approval, including performance and design criteria, and indicate what must be provided to make the application complete and properly designed. The applicant must revise and resubmit the application, plans and materials to fully address the erosion and sediment control plan and/or SWPPP requirements set forth herein and the Engineer's comments. The steps of engineering review, report and application revision and resubmittal shall be repeated until the application, plans and related materials are complete and properly address the performance and design criteria set forth herein.

Action on applications subject to review by the Planning Board. Any land development activity subject to review and approval and/or permitting under the Town's requirements and regulations for fill, wetlands, sand and gravel and tree removal, streets and sidewalks, subdivision and site development plan and/or zoning requirements shall be reviewed subject to the requirements and standards contained in this chapter. The review of the erosion and sediment control plan and/or stormwater pollution prevention plan (SWPPP) shall run concurrently with the procedure for review, approval and permitting under the other above-noted regulations. Upon review of the land development activity and the accompanying erosion and sediment control plan and/or SWPPP, the consulting Town Engineer shall provide a written recommendation to the Planning Board indicating that approval of the erosion and sediment control plan and/or SWPPP be granted, granted with conditions and/or modifications, or denied. Any recommendation for denial shall provide specific reasoning for the decision.

Action on applications subject to administrative permit. In the event that there is no other review, approval or permitting process involving the Planning Board or another reviewing Town agency, the Town Engineer shall provide a written recommendation to the Building Department indicating that a permit for the erosion and sediment control plan and/or SWPPP be granted, granted with conditions and/or modifications, or denied. Any recommendation for denial shall provide specific reasoning for the decision.

§ 119-9 Contractor certification.

Each contractor and subcontractor identified in the erosion and sediment control plan and/or 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 erosion and sediment control plan and/or 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."

The certification must include the name and title of the person providing the signature, the address and telephone number of the contracting firm, the address (or other identifying description) of the site, and the date the certification is made.

The certification statement(s) shall become part of the erosion and sediment control plan and/or SWPPP for the land development activity.

A copy of the erosion and sediment control plan and/or SWPPP, including the above certifications, 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.

§ 119-10 Additional performance and design criteria.

All land development activities shall be subject to the following performance and design criteria:

(1)

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)

New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2005, most current version or its successor, hereafter referred to as the “Erosion Control Manual”).

Where stormwater management practices are not in accordance with the technical documents described in § 119-10A above, which are official guides that provide specifications, the applicant or developer must demonstrate equivalence to the technical standards contained in these documents, and the erosion and sediment control plan and/or SWPPP shall be prepared by a licensed professional.

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.