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WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 30th day of January, 2007 a Local Law entitled “A Local Law in relation to
Stormwater, Grading and Drainage Control” now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on
February 27, 2007 at 5:00 p.m. at which time all interested persons will be given an opportunity to
be heard.
The proposed Local Law entitled, “A Local Law in relation to Stormwater, Grading and
Drainage Control” reads as follows:
LOCAL LAW NO.
2007
A Local Law entitled, “A Local Law in relation to Stormwater, Grading and Drainage
Control”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I.
A new Chapter 236 of the Code of the Town of Southold is hereby adopted as follows:
§ 236-1. Title. This local law shall be known as the “Stormwater, Grading and Drainage
Control law”.
§ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 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. The variance provision of this local law shall supersede any
inconsistent portions of the Town Law Section 267-a and govern the subject of variances in
this local law.
§ 236-3. Purpose. It is the purpose of this local law to promote and protect, to the greatest
extent practicable, the public health, safety and general welfare by:
(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 wetlands, which contribute to the accommodation of flood waters
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; and
(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 discharge onto public lands, neighboring properties or natural
protective features.
(e) Promoting the recharge of stormwater into the fresh water aquifer to
protect the drinking water supply and minimize salt water intrusion.
§ 236-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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 PRACTICE - Procedures and methods pertaining to
construction activities which are intended to prevent stormwater runoff, retain
valuable topsoil and minimize water pollution.
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.
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.
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 landforms. 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., drywells, 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, SEDIMENTATION AND STORMWATER RUNOFF CONTROL
PLAN - 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 registered design professional licensed in the State of New York.
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.
GRADING - The excavation, filling or alteration of the surface or subsurface
conditions of land, lakes, ponds, or watercourses.
ILLICIT DISCHARGES - Illicit Discharges shall include but not be 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.
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 farmed 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.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or
wetland and the vegetation thereon.
ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest
level of flooding that, on the average, is likely to occur once every one hundred
(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 Town Clerk's Office, Town of Southold.
RESPONSIBLE PARTY – Owners and occupants of premises, applicants for
municipal permits, and any other person or entity contributing to an act regulated
by this local law.
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.
SITE PREPARATION - The activities of stripping, clearing, grubbing,
excavating, filling, and grading to facilitate construction or other use of the land.
STORMWATER RUNOFF - That part of precipitation that flows over the land
surface.
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.
TOPSOIL – The uppermost layer of soil, usually the top 15-20 cm, it having the
highest concentration of organic matter and microorganisms, and where most of
the Earth’s biological soil activity occurs. Plants generally concentrate their roots
in, and obtain most of their nutrients from this layer. Topsoil can be measured as
the depth from the surface to the first densely packed soil layer known as hardpan.
§ 236-5. This local law shall apply to all property within the Town of Southold,
and shall govern:
A. All grading, drainage and erosion control, whether or not a permit is required;
B. All new or replaced impervious surface and all land disturbing activities,
whether or not a permit is required;
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.
§ 236-6. Discharges.
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.
§ 236-7. Prohibited Discharges.
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.
§ 236-8. Requirements for all Stormwater Discharges.
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 run-off 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.
§ 236-9. Requirements for all Land Disturbing Activities or Impervious
Surfaces.
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 2” rain fall on site, even where a Drainage Control Permit 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.
§ 236-10. Activities Requiring a Drainage Control Permit.
None of the following activities shall be undertaken until a Drainage Control
Permit has been issued under the provisions of this local law.
1)
Grading or stripping which affects more than five thousand (5,000)
square feet of ground surface.
2)
Excavation or filling involving more than two hundred (200) cubic yards
of material within any parcel or any contiguous area.
3)
Site preparation on slopes which exceed ten (10) feet of vertical rise to one
hundred (100) feet of horizontal distance.
4)
Site preparation within one hundred (100) feet of wetlands, beach, bluff
or coastal erosion hazard area.
5)
Site preparation within the one hundred (100) year floodplain of any
watercourse.
The following activities shall be exempted from such review:
1)
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.
2)
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 local law 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 local law shall be obtained.
3)
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.
4)
Pervious structures, e.g., open decks, where the removal of topsoil allows
for the recharge of groundwater.
§ 236-11. Compliance.
Where a Drainage Control Permit is required by this Local Law, all development,
construction, excavation and landscaping activities shall be conducted in
accordance with an approved Erosion, Sedimentation and Stormwater Runoff
Control Plan, and all other requirements of this local law.
§ 236-12. Application Process.
a)
Any applicant for a municipal permit to conduct a development,
construction or excavation activity within the Town of Southold shall complete a
Stormwater Assessment Form to assist in determining compliance with this local
law. Applicants that meet the threshold set forth above and require a Drainage
Control Permit shall also submit an Erosion, Sedimentation and Stormwater
Runoff Control Plan to the Building Inspector.
b)
Upon receipt by the Building Inspector of any application for a Drainage
Control Permit to conduct any activity regulated by this law, the Building
Inspector may refer the proposed Erosion, Sedimentation, and Stormwater Runoff
Control Plan to the Town Engineering Department for comment and
recommendation. No municipal permit that shall be issued for activities requiring
a Drainage Control Permit, nor shall any application therefor be deemed
complete, until the Building Inspector has first issued its approval of the Erosion,
Sedimentation and Stormwater Runoff Control Plan.
c)
Such plan may contain the following elements, which may be integrated
into a site plan or subdivision plat submitted for approval pursuant to applicable
Town law:
1)
A vicinity map drawn to a scale of not less than two thousand
(2,000) feet to one (1) 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 one hundred
(100) feet to the inch showing the location and description of property boundaries,
site acreage, existing natural and man-made features on and within five hundred
(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 (5) feet where the slope is ten percent or greater and not
more than two (2) feet where the slope is less than ten percent, soil characteristics,
location of wooded areas, the depth to seasonal high watertable and a copy of the
Soil Conservation District soil survey where available.
3)
Location and description of proposed changes to the site and
existing development on the site, which includes:
a)
all excavation, filling, stripping and grading proposed to be
undertaken, identified as to the depth, volume, and nature of the materials
involved;
b)
vegetation affected;
all areas requiring clearing, identified as to the nature of
c)
all areas where topsoil is to be removed and stockpiled and
where topsoil is to be ultimately placed;
d)
all temporary and permanent vegetation to be placed on the
site, identified as to planting type, size, and extent;
e)
all temporary and permanent stormwater runoff control
measures including soil stabilization techniques and stormwater drainage and
storage systems including ponds, recharge and sediment basins (identified as to
the type of facility, the materials from which it is constructed, its dimensions, and
its capacity in cubic feet);
f)
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;
g)
the location of all roads, driveways, sidewalks, structures,
utilities, and other improvements; and
h)
the final contours of the site at intervals of no greater than
two (2) feet.
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.
§ 236-13. Performance Standards for Approval of Erosion, Sedimentation and
Stormwater Runoff Control Plans.
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 handle
adequately 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, temporary vegetation and/or mulching to meet the
requirements of the NYS DEC SPDES Program in effect.
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 wetland, drainage patterns may be altered in a manner which
reduces the threat to such beach or wetland 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 thirty (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, 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 waterbodies, including wetlands
and marshes, if one is imposed by the Board of Trustees. 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,
marshes and wetlands. Stormwater pollutants shall not be discharged directly into
a wetland, 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 permission is obtained from the Board of Trustees. Grading
equipment shall not be allowed to enter into or cross any watercourse or wetland.
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.
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.
s)
Trails and walking paths along waterbodies shall be sited and constructed
so they are not a source of sediment subject to the approval of the Board of
Trustees.
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, storm water shall be contained on-site, to the maximum extent
practicable, to prevent direct discharge of runoff to coastal waters.
u)
Natural flood plains and major drainage swales shall not be altered or
disturbed in a manner which decreases their ability to accommodate and channel
stormwater runoff and flood waters. 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 twenty (20) percent shall
be developed or disturbed except for conservation measures or measures intended
to remove debris which inhibits the functioning of the swale, except accessways
to shorelines approved by the Board of Trustees shall be permitted. 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 twenty (20) percent, 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 (final) vegetation and mechanical erosion control measures
called for in approved plans shall be installed within the time limits specified by
the Building Inspector, and no later than the expiration of the municipal permit
issued therewith.
§ 236-14. Approved Plans.
Plans approved by the Building Inspector in conjunction with the issuance
of a Drainage Control Permit shall also be filed with the County Clerk indicating
that such plans 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.
§ 236-15. Variances.
A variance may be granted by the Zoning Board of Appeals of the Town of
Southold upon receipt of an application from a property owner which
demonstrates unnecessary hardship from the imposition of such regulations.
§ 236-16. Inspection, Restoration, Certificate of Occupancy and Fines.
a)
Inspection
Inspection for soil erosion, sedimentation, and runoff control plan
compliance shall be conducted by the Building Inspector 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 Building
Inspector 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 Building Inspector may require the submission of
a modified plan in order to maintain compliance with this local law.
b)
Restoration.
Any clearing, excavation or development of land in violation of this local
law shall be corrected forthwith after written notice by the Building Inspector. 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 to prevent unlawful or unauthorized activity. The cost of
restoration shall become a lien upon the property upon which such unlawful
activity occurred.
c)
Certificate of Occupancy.
No certificate of occupancy shall be issued by the Building Inspector until
all work required to be completed pursuant to the plan has been satisfactorily
done.
d)
Fines.
Any responsible party undertaking clearing, excavation or development of land in
violation of this local law, or falsifying information in connection with the
requirements of this Local Law, upon conviction, shall be guilty of a
misdemeanor, punishable by a fine of not less than five hundred dollars ($500)
and not more than two thousand dollars ($2,000). Such person shall be deemed
guilty of a separate offense for each day during which a violation of this local law
is committed or continues.
e)
Enforcement.
The Director of Code Enforcement and/or the Building Inspector are responsible
for enforcement of the provisions of this Chapter, and have the authority to issue
violations of this Chapter. The Town Attorney shall be responsible for
prosecution of any such violations. In addition to the above-provided fines, the
Town Board may authorize an action or proceeding in the name of the Town in a
court of competent jurisdiction to compel compliance with or to restrain by
injunction the violation of this Chapter.
II.
SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of
this law as a whole or any part thereof other than the part so decided to be unconstitutional or
invalid.
III.
EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.