This chapter shall be known as the "Stormwater Management; Erosion
and Sediment Control Law."
It is the purpose of this chapter to promote and protect, to
the maximum extent practicable, the public health, safety and general
welfare by establishing minimum stormwater management requirements
and controls. The objectives of this chapter are as follows:
A. Minimizing soil erosion, sedimentation and stormwater runoff;
B. 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. 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. 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. Promoting the recharge of stormwater into the freshwater aquifer
to protect the drinking water supply and minimize saltwater intrusion.
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).
100-YEAR FLOODPLAIN
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 1% 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.
AGRICULTURAL PRODUCTION
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.
AGRICULTURE
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.
BEST MANAGEMENT PRACTICES (BMPs)
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 stormwater runoff, retain valuable topsoil and
minimize water pollution.
BUILDING
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.
BUILDING INSPECTOR
The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter
280 and this chapter.
CLEAN FILL
Naturally deposited earthen material from an approved upland
borrow source.
CLEARING
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.
COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES
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 as required by the approved stormwater management control
plan.
CONSTRUCTION
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.
CONSTRUCTION ACTIVITY
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.
DEVELOPER
A person who undertakes land development activities.
DEVELOPMENT
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.
DISCHARGE
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.
DRAINAGE SYSTEMS
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.
EROSION
The wearing away of land as a result of the action of natural
forces or man-related activities.
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
EXCAVATION
The removal, addition, or alteration of soil, sand, or vegetation
by digging, dredging, drilling, cutting, scooping, or hollowing out.
FILLING
The deposition of natural or artificial material so as to
modify the surface or subsurface conditions of upland or underwater
land.
FINAL STABILIZATION
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.
GRADING
The excavation, filling or alteration of the surface or subsurface
conditions of land, lakes, ponds, or watercourses.
ILLICIT DISCHARGE
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.
IMPERVIOUS SURFACE
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.
LAND DEVELOPMENT ACTIVITY
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.
LANDOWNER
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.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE
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.
MUNICIPAL PERMIT
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.
NATURAL DRAINAGE
The stormwater runoff patterns resulting from topographical
and geological surface conditions, prior to clearing, regrading or
construction.
NATURAL WATERCOURSE
The route formed by natural processes, topography and geology
leading to a natural watershed.
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.
PERVIOUS SURFACE
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.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
RESPONSIBLE PARTY
Owners and occupants of premises, applicants for municipal
permits, and any other person or entity contributing to an act regulated
by this chapter.
SEDIMENTATION
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.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special-concern species.
SITE PREPARATION
The activities of stripping, clearing, grubbing, excavating,
filling, and grading to facilitate construction or other use of the
land.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
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.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT CONTROL PLAN
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.
STRIPPING
The process of mechanically scraping away topsoil.
STRUCTURE
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.
TEMPORARY STABILIZATION
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).
TOPSOIL
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.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
This chapter shall apply and a stormwater management control plan shall be a condition to all building permits issued which include any of the restricted activities identified at §
236-10 herein; and shall govern:
A. All grading, drainage and erosion control;
B. All new or replaced impervious surface and all land development activities;
C. All discharges directly or indirectly to a highway or public right-of-way,
public drainage control system, neighboring property, wetland or public
waterway; and
D. All new and existing land uses within the Town.
All discharges within the Town are subject to this subtitle
unless explicitly exempted. Conduct exempted from this subtitle include
activities necessary for the conduct of agricultural uses in connection
with a bona fide agricultural operation.
The following discharges are prohibited:
A. Discharges to public highways and rights-of-way.
B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter
275 of this Town Code.
C. Discharges from private properties to adjoining properties, without
express permission.
D. Discharges to public drainage control systems and networks, without
express permission.
E. Discharges of illicit liquids to any of the areas listed above and
any other area within the Town, except in accordance with facilities
approved for the handling of such materials by the Town, County and/or
state.
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 right-of-ways.
D. Maintaining and protecting natural drainage patterns.
E. Maintaining and protecting natural watersheds.
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 a stormwater management control plan is not required
under this chapter. All applicants for municipal permits shall demonstrate
to the satisfaction of the Building Inspector that the proposed activities
can meet this standard, either by the installation of gutters, leaders,
drywells or other measures, prior to the issuance of such a municipal
permit.
Where a stormwater management control plan is required by this
chapter, all development, construction, excavation and landscaping
activities shall be conducted in accordance with an approved stormwater
management control plan and all other requirements of this chapter.
Appeals from the requirements herein may be considered by the
Board of Zoning Appeals upon the showing of an undue hardship.