Town of Babylon, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Chapter 189: Stormwater Management and Erosion and Sediment Control
[HISTORY:[1] Adopted by the Town Board of the Town of Babylon 3-7-2006 by L.L. No. 10-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 18.
Department of Environmental Control — See Ch. 20.
Environmental quality review — See Ch. 114.
Flood damage control — See Ch. 125.
Freshwater wetlands — See Ch. 128.
Zoning — See Ch. 213.
[1]
Editor's Note: Former Ch. 189, Solid Waste Management, adopted 12-17-1985 by L.L. No. 5-1985, was superseded 9-25-1987 by L.L. No. 7-1987. For current provisions, see Ch. 133, Solid Waste Management.

§ 189-1 Findings of fact; statutory authority.

A. 
It is hereby determined by the Town Board of the Town of Babylon that:
(1) 
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species. The Great South Bay and its tidal tributaries within the Town of Babylon have been placed on the New York State Department of Environmental Conservation (NYSDEC) Priority Water Bodies List. The NYSDEC identified urban runoff and storm drain systems as the major source/contributors to their impairment.
(2) 
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat.
(3) 
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation.
(4) 
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
(5) 
Substantial economic losses can result from these adverse impacts to the waters of the Town of Babylon.
(6) 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activity.
(7) 
The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety.
(8) 
Regulation of land development activities by means of performance standards governing stormwater management and site design will result in development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
B. 
Therefore, the Town Board of the Town of Babylon hereby establishes this policy applicable to all land development activities within the Town of Babylon to provide reasonable guidance for the regulation of stormwater runoff and erosion and sediment control for the purpose of protecting local water resources from degradation. It is determined that the regulation of stormwater runoff and sediment discharges from land development projects and other construction activities is in the public interest in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff and will prevent threats to public health and safety and enhance and improve the environmental and economic conditions within the Town of Babylon. This chapter is adopted pursuant to the requirements of the New York State Environmental Conservation Law (ECL) and the federal Clean Water Act (CWA) for small municipal separate storm sewer systems (MS4s) to develop, implement and enforce a stormwater management program (SWMP) designed to reduce the discharges of pollutants to the waters of the United States within the Town of Babylon to the maximum extent practicable (MEP) in order to protect water quality. This chapter is consistent with the Comprehensive Management Plan for the South Shore Estuary Reserve to reduce nonpoint source pollution of the estuary and its tributaries.

§ 189-2 Purpose.

The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the residents of the Town of Babylon and to address the findings of fact and statutory authority in § 189-1. This chapter seeks to meet those purposes by achieving the following objectives:
A. 
Establish minimum stormwater and erosion and sediment control requirements in order to protect and safeguard the general health, safety, and welfare of the public and businesses located within the Town of Babylon by implementation of a stormwater management program (SWMP) that meets or exceeds the following six minimum control measures:
(1) 
Public education and outreach on stormwater impacts;
(2) 
Public involvement/participation;
(3) 
Illicit discharge detection and elimination;
(4) 
Construction site stormwater runoff control;
(5) 
Postconstruction stormwater management;
(6) 
Pollution prevention/good housekeeping for municipal operations consistent with the New York State Department of Environmental Conservation SPDES general permit for stormwater discharges from municipal separate stormwater sewer systems (MS4s) GP-02-02, issued pursuant to Article 17, Titles 7 and 8, and Article 70 of the New York State Environmental Conservation Law (ECL) and the federal Clean Water Act (CWA) regulations for small municipal separate storm sewer systems (MS4s) or as amended or revised.
B. 
Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) general permit for construction activities GP-02-01 or as amended or revised.
C. 
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and to maintain the integrity of stream channels.
D. 
Minimize increases in pollution caused by stormwater runoff from land development activities that would otherwise degrade local water quality.
E. 
Minimize the total annual volume of stormwater runoff that flows from any specific site during and following development to the maximum extent practicable (MEP).
F. 
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

§ 189-3 Definitions.

The terms used in this chapter or in documents prepared or reviewed pursuant to this chapter shall have the meanings as set forth in this section.
ACCESSORY BUILDING
A building or a detached private garage subordinate to the main building on a lot, used for purposes customarily incidental to those of the main building, not used for habitation and which does not exceed the size of the main building. This shall not include trailers, mobile homes or like structures, with or without wheels.
ACCESSORY STRUCTURE
A structure subordinate to the buildings on a lot, used for purposes customarily incidental to those of the buildings, having no foundation or permanent attachment to the land other than a simple slab, not used for habitation, swimming pool enclosures or garage purposes and which does not exceed the size of the main building. This shall not include trailers, mobile homes or like structures, with or without wheels.
ACRE
Forty-three thousand, five hundred sixty square feet of land area.
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation or the construction of new structures associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
BUILDING
A combination of any materials, whether portable or fixed, having a roof to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning. The term "building" shall also mean "factory manufactured home" and "mobile home."
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
COMMERCIAL OR INDUSTRIAL AGREEMENT
An agreement signed by a landowner, applicant or builder to implement any reasonable requirements needed as determined by the Town of Babylon necessary to prevent erosion and sediment loss in lieu of an erosion and sediment control plan for construction on a commercial or industrial site on less than one acre of land.
DEDICATION
The deliberate transfer of real property by its owner for general public use.
DEPARTMENT OF PUBLIC WORKS
The Town of Babylon Department of Public Works.
DESIGN MANUAL
The most recent version of the New York State Stormwater Management Design Manual, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
ENGINEERING DIVISION
The Engineering Division of the Town of Babylon Department of Planning and Development. This Division is also the designated Stormwater Management Office for the Town of Babylon.
ENVIRONMENTAL CONTROL
The Town of Babylon Department of Environmental Control.
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."
GRADING
Excavating, filling and/or any movement of material at a site, including the resulting conditions thereof.
HIGHWAY ENGINEERING
The Highway Engineering Division of the Town of Babylon Department of Public Works.
ILLICIT DISCHARGE
Any discharge to a municipal separate storm sewer and or the Town of Babylon stormwater drainage system that is not entirely composed of stormwater. Illicit discharges shall include but not be limited to those sources as identified by § 122.26(b)(2) of the Code of Federal Regulations; sanitary wastewater, effluent from septic tanks, commercial car wash wastewater, petroleum products, antifreeze and radiator flush liquid, laundry wastewater, spills from roadway accidents, and household and motor vehicle chemicals, but does not include liquids discharged from fire-fighting activities.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A state pollutant discharge elimination system permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTURAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill.
[Amended 4-11-2007 by L.L. No. 8-2007]
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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
PLANNING AND DEVELOPMENT
The Town of Babylon Department of Planning and Development.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and habitats for threatened, endangered or special-concern species.
SINGLE-FAMILY AGREEMENT
An agreement signed by a landowner, applicant or builder to implement any reasonable requirements needed, as determined by the Town of Babylon, to prevent erosion and sediment loss in lieu of an erosion and sediment control plan for the construction of a single-family home.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
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 DRAINAGE SYSTEM
The Town of Babylon stormwater drainage system, which accepts, captures and conveys stormwater from the Town's highway and roadway system.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals 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 FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICE
The Town of Babylon Engineering Division is designated by the Town of Babylon as the Stormwater Management Office to accept and conduct the primary review of stormwater pollution prevention plans and inspect stormwater management practices. The Town of Babylon Planning and Development Department, the Highway Engineering Division and the Department of Environmental Control shall also review the SWPPPs submitted by applicants to the extent possible and necessary to insure that applicants meet the requirements of this chapter.
STORMWATER MANAGEMENT PRACTICES (SMPS)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER MANAGEMENT PROGRAM
A stormwater management program implemented by the Town of Babylon consistent and in no case less protective than the New York State Department of Environmental Conservation SPDES general permits for stormwater discharges from municipal separate stormwater sewer systems (MS4s) and from construction activity GP-02-02 and GP-02-01, respectively, issued pursuant to Article 17, Titles 7 and 8, and Article 70 of the New York State Environmental Conservation Law (ECL) and the federal Clean Water Act (CWA) regulations for small municipal separate storm sewer systems (MS4s).
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, that gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.

§ 189-4 Applicability.

A. 
This chapter shall be applicable to all land development activities identified and defined in § 189-3 unless otherwise exempted under § 189-5 of this Code. No person, landowner or entity shall undertake a land development activity without first meeting all the requirements of this chapter. The development of commercial and industrial sites and single-family homes on less than one acre of land may meet the requirements of this chapter with an approved commercial, industrial or single-family agreement, respectively.
B. 
The Planning and Development Department shall accept and review and distribute all stormwater pollution prevention plans (SWPPPs) and forward such plans to the applicable municipal Town of Babylon departments and boards. The SWPPPs' information shall be added to and shown on the site development plans for each project submitted to the Town of Babylon. The SWPPPs shall become an integral part of the review process for each project submitted to the Town of Babylon. The requirements of this chapter and the Town of Babylon Planning Board site improvement and subdivision specifications shall be followed for all land development activity in the Town of Babylon. Such SWPPPs shall be shown on the site plans and/or the subdivision plats for the land development activity. The Stormwater Management Office may:
(1) 
Review the plans;
(2) 
Under special circumstances and upon approval by the Town Board of the Town of Babylon, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost to be paid by the applicant;
(3) 
Accept the certification of a licensed professional that the plans conform to the requirements of this chapter.

§ 189-5 Exemptions.

The following activities are exempt from review under this chapter:
A. 
Agricultural activity as defined in this chapter.
B. 
The construction of additions, fences, accessory buildings and structures, sheds, sidewalks, walkways, driveways or modifications to existing one- or two-family structures and sites, including those that may require variances, maintenance or repair involving no substantial changes in an existing structure or facility.
C. 
Routine landscape maintenance and horticultural activities such as lawn cutting, tree trimming, the installation of piped mechanical sprinkler or irrigation systems, the planting of trees, shrubs and vegetation in connection with an existing site that does not cause any major soil disturbance, or minor excavations for driveways, walks or sidewalks that generally maintain the existing grade of the land.
D. 
Repairs to any stormwater management practice or facility deemed necessary by the Town of Babylon Department of Public Works or any work done under contract for the Town of Babylon. Nothing contained in this chapter with regards to land development activity shall be applicable to the Town of Babylon or any of its departments, agencies or contractors.
E. 
The development of any part of a subdivision if the plat for the subdivision has been approved by the Town of Babylon Planning Board on or before the effective date of this chapter.
F. 
Land development activities for which a building permit has been approved on or before the adoption of this chapter.
G. 
Cemetery graves.
H. 
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; construction of minor additions, accessory structures or modifications to existing single-family or two-family structures.
I. 
Emergency activity immediately necessary to protect life, property or natural resources.
J. 
Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.
K. 
The installation of aboveground and below-ground fuel oil storage tanks equal to or below a total capacity of 1,100 gallons.
L. 
The construction of docks and installation of poles and other similar structures, refacing existing bulkheading, but not new bulkheading.
M. 
Street openings and right-of-way openings for the purpose of repair of existing utility facilities.
N. 
The extension of utility distribution facilities, including gas, electric and telephone, cable, water and sewer connections, to serve existing approved sites or underwater lands.

§ 189-6 Stormwater pollution prevention plans.

A. 
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be approved until the Town of Babylon has received an acceptable stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in the chapter. An SWPPP shall be required consistent with the requirements of this chapter. Any land development activity conducted without an approved SWPPP shall be in violation of this chapter.
B. 
Contents of stormwater pollution prevention plans. All SWPPPs shall provide the following background information and erosion and sediment controls:
(1) 
Background information about the scope of the project, including location, type and size of the project.
(2) 
A site map/construction drawing(s) at an appropriate scale 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, and 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 based on the Suffolk County Soil Survey, United States Department of Agriculture, Soil Conservation Service.
(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 time 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) 
Name(s) of the receiving water(s).
(14) 
A clear and concise delineation of the 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 available.
(16) 
Any existing data that describes the stormwater runoff at the site.
C. 
Land development activities as defined in § 189-3 and meeting Condition A, B, or C below shall also include water quantity and water quality controls and mitigation measures (postconstruction stormwater runoff controls) as set forth below as applicable:
(1) 
Condition A: Stormwater runoff from land development activities discharging a pollutant of concern to either impaired water identified on the Department'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.
(2) 
Condition B: Stormwater runoff from land development activities disturbing five or more acres.
(3) 
Condition C: Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
D. 
SWPPP requirements for Conditions A, B and C:
(1) 
All information in § 189-6B of this chapter.
(2) 
A description of each postconstruction stormwater management practice.
(3) 
A site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.
(4) 
A hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
(5) 
A comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.
(6) 
Dimensions, material specifications and installation details for each postconstruction stormwater management practice.
(7) 
A maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.
(8) 
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.
(9) 
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 189-8 of this chapter.
E. 
Plan certification. The SWPPP shall be prepared by an architect, certified environmental professional or professional engineer and must be signed by the architect, certified environmental professional, or professional engineer preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter.
F. 
Other environmental permits. The applicant shall provide evidence of proper submittal for all applicable environmental and health permits prior to approval of the final stormwater design plan. In certain instances, an approval of the environmental and/or health permits may be required by the Town of Babylon prior to approval of the final stormwater design plan.
G. 
Contractor certification.
(1) 
Each contractor and subcontractor identified in the 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 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." This certification statement shall be shown on the site plan for the land disturbance activity.
(2) 
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.
(3) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
H. 
A copy of the SWPPP 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.

§ 189-7 Performance and design criteria.

All land development activities shall be subject to the following performance and design criteria:
A. 
Technical standards. For the purpose of this chapter, the following documents shall serve as 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 imposed by this chapter.
(1) 
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, the 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, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual).
(3) 
The most current version of the Town of Babylon Planning Board site improvement and subdivision specifications.
(4) 
United States Environmental Protection Agency's best management practices (BMPs).
B. 
Water quality standards. Any land development activity shall not cause an increase in turbidity or in a substantial visible contrast to natural conditions in surface waters of the State of New York.

§ 189-8 Maintenance and repair of stormwater facilities.

A. 
Maintenance during construction.
(1) 
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from stormwater structures whenever their design capacity has been reduced by 50%. Street sweeping by broom or machine or other suitable means of cleanup shall be conducted daily as necessary for any sediment or material that has inadvertently migrated off site. Litter shall also be removed on a daily basis from the site or off site.
(2) 
The applicant or developer or his or her representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. The reports shall be delivered to the Engineering Division and also copied to the site log book.
B. 
Maintenance access. Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance access agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Babylon and its officers to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The agreement shall be recorded by the grantor in the Office of the Suffolk County Clerk after approval by the Town of Babylon.
C. 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall be operated and maintained to ensure that the goals of this chapter are fully achieved. Proper operation and maintenance also includes, as a minimum, the following:
(1) 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.
(2) 
Written procedures for operation and maintenance and training new maintenance personnel.
(3) 
Discharges from the SMPs shall not exceed design criteria or contribute to water quality standard violations in accordance with § 189-8B.
(4) 
Upon completion of construction, any stormwater control structures impacted during construction shall be cleaned by the owner or operator.
D. 
Maintenance agreements. The applicant must submit a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners to be approved by the Town of Babylon and recorded by the applicant in the Office of the Suffolk County Clerk as a deed restriction on the property once the final plan is approved or at which time the Town of Babylon deems appropriate.

§ 189-9 Construction inspection; guarantees; reports; enforcement and penalties for offenses.

A. 
Erosion and sediment control inspection.
(1) 
A preconstruction meeting may be conducted between the applicant and Town of Babylon Engineering Division as required. At minimum, the following criteria shall be included in the construction inspections:
(a) 
Start of construction.
(b) 
Installation of sediment and erosion control measures.
(c) 
Completion of site clearing.
(d) 
Completion of rough grading.
(e) 
Completion of final grading.
(f) 
Close of the construction season (as applicable).
(g) 
Completion of final landscaping.
(h) 
Successful establishment of landscaping in public areas.
(2) 
The applicant and developer shall notify the Town of Babylon Engineering Division 24 hours in advance for inspection of items in Subsection A(1)(a) through A(1)(h). The Town of Babylon Engineering Division shall determine the inspection schedule and add any other inspection requirements as deemed necessary. The applicant and developer shall be notified in writing of any violations and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected.
B. 
Stormwater management practice inspections. The Town of Babylon Engineering Division 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.
C. 
Submission of reports. The Town of Babylon may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this law.
D. 
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 of Babylon in its approval of the stormwater pollution prevention plan, the Town of Babylon Planning Board 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 of Babylon as the beneficiary. The security shall be in an amount to be determined by the Town of Babylon 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 of Babylon, 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 of Babylon. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
E. 
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 of Babylon with an irrevocable letter of credit from an approved financial institution or bond 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 of Babylon may draw or foreclose upon the account or on the bond to cover the costs of proper operation and maintenance, including engineering and inspection costs.
F. 
Recordkeeping. The Town of Babylon Stormwater Management Office may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
G. 
Violations.
[Amended 12-21-2016 by L.L. No. 19-2016]
(1) 
Any person who shall violate any of the provisions of this chapter or who shall fail to comply therewith or with any of the requirements thereof or who shall build or alter or use any building or land in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a violation, and upon conviction thereof, a fine of not less than $250 nor more than $1,000 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, shall be guilty of a violation, and upon conviction a fine not less than $1,000 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, shall be guilty of a misdemeanor and a fine not less than $2,500 nor more than $5,000 must be imposed and a term of imprisonment for a period not to exceed six months, or both. Each day's continued violation shall constitute a separate additional violation.
(2) 
Upon application of the Town Attorney's office a violation of this chapter may be reduced to an "attempted violation," as established by the New York State Penal Law § 110. Penalties for the reduced charge of attempt shall be:
(a) 
Any person who shall attempt to violate any of the provisions of this chapter shall be guilty of a violation, and upon conviction thereof, a fine of not less than $100 nor more than $500 must be imposed and a term of imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, a fine not less than $500 nor more than $1,000 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $1,000 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both. Each day's continued violation shall constitute a separate additional violation.
H. 
Stop-work orders. The Town of Babylon may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order shall be required to halt any land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Babylon confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
I. 
Injunctions. Any land development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction or otherwise abated in a manner provided by law.
J. 
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the Town of Babylon may withhold the issuance of the certificate of occupancy and/or compliance to prevent the occupancy of said building or land until corrections to all stormwater facilities have been made.
K. 
Restoration of lands. In connection with any violation of this chapter, the Town of Babylon may require complete restoration of a site within 60 days to return such land to its undisturbed condition. In the event that reasonable progress towards restoration of a site is not observed by the Town of Babylon within 30 days of a violation of this chapter, the Town of Babylon may undertake the necessary corrective action and assess the cost of the restoration to the real property tax for the subject location.

§ 189-10 Illicit discharges.

A. 
Illicit discharge prohibited. No person or entity may create or cause an illicit discharge to flow, to infiltrate or in any manner or form to enter into the Town of Babylon storm drainage system in violation of this chapter and/or Suffolk County Department of Health Services and/or the New York State Department of Environmental Conservation and/or the United States Coast Guard and/or the United States Environmental Protection Agency regulations. Illicit discharges discovered by the Town of Babylon may constitute a violation of this chapter to the limit of authority of the Town of Babylon as provided in § 213-270.1, Water disposal, or shall be referred by the Town of Babylon to the appropriate enforcement agency, such as the Suffolk County Department of Health Services and/or the New York State Department of Environmental Conservation and/or the United States Coast Guard and/or the United States Environmental Protection Agency.

§ 189-11 Application review fees.

An application fee shall be required for review of all land development activities; SWPPPs; commercial, industrial and single-family agreements; inspections; or SMP maintenance performed by the Town of Babylon or performed by a third party for the Town of Babylon. The fee schedule shall be established by the Town Board of Town of Babylon by resolution. All fees generated by this program shall be credited to a revenue line identified as the Phase II stormwater revenue line, Town of Babylon Department of Environmental Control. Monies accumulated by the revenue line will be utilized to support the Town of Babylon stormwater management and erosion and sediment control program. The Town Board of the Town of Babylon may amend the fee schedule by resolution as deemed necessary from time to time.