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.
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.
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.
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.