Village of Haverstraw, NY Article II Administration and Enforcement

§ 197-6 Construction inspection.

A. Erosion and sediment control inspection.

(1) The Village of Haverstraw Stormwater Management Officer may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Village of Haverstraw enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:

(a) Start and/or resumption 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.

(g) Completion of final landscaping.

(h) Successful establishment of landscaping in public areas.

(2) If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted, except for site stabilization, until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.

B. Stormwater management practice inspections. The Village of Haverstraw Stormwater Management Officer 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. Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

D. Submission of reports. The Village of Haverstraw Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.

E. Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Haverstraw the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.

§ 197-7 Performance guarantee.

A. 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 Village of Haverstraw in its approval of the stormwater pollution prevention plan, the Village of Haverstraw 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 Village of Haverstraw as the beneficiary. The security shall be in an amount to be determined by the Village of Haverstraw 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 Village of Haverstraw, 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) has(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 Village of Haverstraw. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

B. 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 Village of Haverstraw with an irrevocable letter of credit from an approved financial institution 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 Village of Haverstraw may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

C. Recordkeeping. The Village of Haverstraw may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.

§ 197-8 Enforcement; penalties for offenses.

A. Notice of violation. When the Village of Haverstraw determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

(1) The name and address of the landowner, developer or applicant.

(2) The address, when available, or a description of the building, structure or land upon which the violation is occurring.

(3) A statement specifying the nature of the violation.

(4) A description of the remedial measures necessary to bring the land development activity into compliance with this chapter, and a time schedule for the completion of such remedial action.

(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.

(6) A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.

B. Stop-work orders. The Stormwater Management Officer (SMO) may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order shall be required to halt all 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 SMO 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 or criminal penalties or injunction in accordance with the enforcement measures authorized in this chapter.

C. Violations. 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.

D. Penalties for offenses.

[Amended 10-17-2022 by L.L. No. 3-2022]

(1) In addition, or as an alternative, to any penalty provided herein or by law, any person, association, organization, corporation, company or business entity who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $1,000 for conviction of a first offense; and for conviction of a second offense, both of which offenses were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $2,500; and for conviction of a third or subsequent offense, all of which offenses were committed within a period of five years, punishable by a fine not less than $2,500 nor more than $5,000; which charge, under this chapter, shall be a petty offense or infraction, and not a crime. The continuation or repeat of a violation of, or failure to comply with, any provision of this chapter shall constitute, for each occurrence that transpires or each day on which the violation continues, a separate and distinct charge hereunder.

(2) In addition to any other penalties provided for herein, any person, association, organization, corporation, company or business entity who violates any provision of this chapter shall be liable for a civil penalty not to exceed $3,000 for each such violation. No such penalty shall be imposed until the Board of Trustees has held a public hearing, upon due notice, and has made a determination that such violation has occurred and has made findings of fact relating to said determination. The alleged violator shall have a right to specification of the charges and to be represented by counsel at such hearing. The continuation or repeat of a violation of, or failure to comply with, any provision of this chapter shall constitute, for each occurrence that transpires or each day on which the violation continues, a separate and distinct violation hereunder. Any civil penalty or order issued by the Board of Trustees shall be reviewable, pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York within 30 days after filing of such penalty or order in the office of the Village Clerk and mailing a copy thereof to the violator.

E. Certificate of occupancy. No certificate of occupancy (CO) shall be issued for any building or structure in connection with any land development activity that is subject to the local law unless the SMO has certified that the work has been installed or conducted in compliance with this chapter.

F. Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within the time stated in the notice, the Village of Haverstraw may take necessary corrective action, the cost of which shall become a lien in the nature of a tax lien upon the property until paid. In addition, any fees, penalties or other costs imposed by the municipality against the violator in order to obtain compliance with this chapter shall be assessed against the property in the nature of a tax lien until paid. No such lien shall take effect until the Board of Trustees has held a public hearing upon 10 days' notice to the violator, advising him/her that a lien will be imposed upon the affected property and the amount thereof. The violator shall have an opportunity to appear and give evidence at the public hearing and to be represented by counsel. Any person aggrieved by a decision of the Board of Trustees may appeal such decision to the New York State Supreme Court in an Article 78 proceeding pursuant to the Civil Practice Law and Rules within 30 days after such decision has been filed in the office of the Village Clerk and a copy mailed by regular mail to the violator.

§ 197-9 Fees for services.

The Village of Haverstraw may require any person undertaking land development activities regulated by this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of Haverstraw or performed by a third party for the Village of Haverstraw. The municipality shall determine the amount to be paid by the said person into an escrow account to be held by the municipality. The costs incurred by the municipality shall be reimbursed from the escrow account. The escrow account shall be replenished by the person undertaking the land development activity on an as-needed basis.