Last Updated 08/20/2026
STORMWATER MANAGEMENT AND EROSION CONTROL ORDINANCE
Maintenance, Inspection and Repair of Stormwater Facilities
Maintenance access agreement.
The property owner and the applicant or developer must execute a maintenance access agreement that shall provide for access to the facility at reasonable times for periodic inspection by the Town of Brookhaven to ensure that the stormwater management facility, as required pursuant to an approved SWPPP, is maintained in proper working condition to meet the design standards and any other provisions established by this chapter. The maintenance access agreement shall be in a form as approved by the Town Attorney, and recorded by the grantor in the Office of the Suffolk County Clerk, and said maintenance access agreement shall be binding on all subsequent landowners served by the stormwater management facility.
Maintenance after construction.
The stormwater management facility owner or operator shall ensure the facility is operated and maintained in accordance with this chapter. Proper operation and maintenance shall also include, at a minimum, the following:
- 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.
- Written procedures for operation and maintenance and training new maintenance personnel.
- Discharges from the facility shall not exceed design criteria or cause or contribute to water quality standard violations.
Maintenance agreements.
Prior to any land development activity receiving final approval, the property owner shall be required to execute a Declaration of Covenant for maintenance of the stormwater control facility, in such form as shall be approved by the Town Attorney, which shall be binding on all subsequent landowners, and shall cause said declaration to be filed and recorded in the Office of the Suffolk County Clerk. The maintenance agreement shall be consistent with the terms and conditions of this chapter.
Performance Guarantees
Maintenance guarantee.
Stormwater management and erosion and sediment control facilities operated and maintained by any person that owns or manages a commercial or industrial facility, prior to construction may be required to provide the Town of Brookhaven with an irrevocable letter of credit from an approved financial institution or surety, or other approved security, 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 any person fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Brookhaven may default the security in order to cover the costs of proper operation and maintenance, including engineering and inspection costs.
Recordkeeping
Any person operating or maintaining a stormwater management facility shall maintain records demonstrating compliance with this chapter.
Remedies & Penalties
Notice of violation.
In the event that a land development activity or stormwater management facility is not in compliance with the requirements of this chapter, the Stormwater Management Officer may issue a written notice of violation, to be served personally or by certified mail, to the property owner as shown on the last preceding assessment roll of the Town of Brookhaven and the owner of record as shown in the records in the Office of the Suffolk County Clerk. The notice of violation shall contain the following:
- The name and address of the property owner and developer or applicant;
- The property’s tax identification (i.e., district, section, lot, block), the address or a description of the building, structure or land upon which the violation is occurring;
- A statement specifying the nature of the violation;
- A description of the corrective, remedial measures necessary to bring the land development activity and/or stormwater management facility into compliance with this chapter and a time schedule for the completion of such remedial action;
- A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
- A statement that in the event that the required corrective measures are not completed within the time specified in the notice, the Town may seek a court order to enter the property, and complete the required corrective measures and assess such costs and expenses against the property;
- A statement that the determination of violation may be appealed to the SMO by filing a written notice of appeal within 15 days of service of a notice of violation.
Appeal of notice of violation.
Any person receiving a notice of violation may appeal the determination of the SMO in writing within 15 days of its issuance. The appeal notice shall be directed to the SMO. A hearing officer, as designated by the Director of Environmental Protection and the Town Attorney, shall hear the appeal within 30 days after the filing of the appeal and, within five business days of making his/her decision, issue a decision by certified mail or personal service to the violator and property owner. If the original notice of violation is sustained, the SMO shall issue an order, to be served by certified mail or personal service, which shall state the corrective measures to be taken and required date of completion of the corrective measures. The filing of the appeal shall not stay or prevent the Town from taking all necessary emergency corrective measures.
Upon determination that a violation has occurred or is reasonably likely to occur if immediate action is not taken, the Town of Brookhaven may seek a court order permitting the Town of Brookhaven to take any and all corrective measures reasonably necessary to abate the violation and/or prevent the violation from occurring and/or restore the premises, and the cost thereof shall be assessed against the property and lands to be collected in the same manner as real property taxes.
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Frequently Asked Questions
What is post-construction stormwater management, and does it apply to my property in Brookhaven?
Post-construction stormwater management covers the ongoing responsibility to maintain stormwater facilities on your property so they keep functioning per their original design standards, under Chapter 86 of the Brookhaven Town Code, adopted to comply with Phase II of the federal Clean Water Act. If your property in Brookhaven has a stormwater facility installed as part of a new development or redevelopment project, maintaining it is a continuing obligation, not a one-time construction requirement. AQUALIS provides full post-construction stormwater management for property owners across Brookhaven, so facilities stay compliant well after a project is finished.
What is a maintenance access agreement, and do I need one for my Brookhaven property?
Brookhaven requires property owners to execute a maintenance access agreement that gives town officials access to the stormwater facility at reasonable times for periodic inspection, confirming the system is functioning as designed. This agreement is separate from, and in addition to, the recorded maintenance covenant required before final land development approval. AQUALIS reviews existing maintenance access agreements for Brookhaven property owners and manages the maintenance activity they require.
What is a Declaration of Covenant, and does it stay with my Brookhaven property?
Before a project receives final land development approval in Brookhaven, the owner must file a recorded Declaration of Covenant that binds all subsequent property owners to the facility’s maintenance requirements. This means the maintenance obligation transfers automatically to a new owner when the property is sold, regardless of who was involved in the original development. AQUALIS reviews recorded covenants for Brookhaven property owners and takes over the ongoing maintenance responsibility they establish.
What operating standards does my stormwater facility need to meet in Brookhaven?
Brookhaven requires facility operators to implement preventive maintenance programs, maintain written operating procedures, and ensure discharges from the facility never exceed its design criteria or violate water quality standards. This is an ongoing performance standard, not just a design requirement checked off at construction. AQUALIS manages ongoing facility performance for Brookhaven property owners, so systems continue operating within these required standards.
What happens if my stormwater facility in Brookhaven is not maintained?
If a Brookhaven property owner fails to maintain a required stormwater facility, the town issues a written notice specifying the corrective measures needed and a completion timeline, with the owner able to appeal within 15 days. If the issue is not corrected, the town can order repairs itself and assess the cost against the property as a tax. AQUALIS provides non-compliance resolution for Brookhaven property owners, correcting maintenance issues before they escalate to town-ordered repairs and added tax assessments.
Who is responsible for stormwater maintenance if I bought a Brookhaven property with an existing facility?
Because Brookhaven’s Declaration of Covenant and maintenance access agreement are recorded and binding on all subsequent owners, the maintenance obligation carries over automatically when a property is sold. New owners are often unaware of this until the town’s periodic inspection reveals an issue. AQUALIS reviews the maintenance history and recorded agreements for newly acquired Brookhaven properties and takes over the ongoing responsibility from there.
Where can property owners in Brookhaven get help with post-construction stormwater compliance?
Post-construction stormwater compliance in Brookhaven involves a maintenance access agreement, a recorded Declaration of Covenant, ongoing operating standards, and in some cases a financial guarantee, with the risk of town-ordered repairs and a tax assessment if maintenance is neglected. Managing all of this without dedicated stormwater staff is difficult for most property owners. AQUALIS offers complete post-construction stormwater management for Brookhaven property owners, covering maintenance, inspections, and non-compliance resolution, so owners can meet the town’s requirements without managing the process themselves.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
