Village of Irvington, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Irvington 11-6-2006 by L.L. No. 4-2006; amended in its entirety 12-5-2011 by L.L. No. 8-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Environmental impact assessments — See Ch. 24.
Environmental quality review — See Ch. 112.
Flood damage prevention — See Ch. 124.
Sewers — See Ch. 172.
Soil removal, excavations and landfills — See Ch. 175.
Subdivision of land — See Ch. 188.
Water — See Ch. 217.
Zoning — See Ch. 224.

§ 183-1 Purpose/intent.

The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Village of Irvington through the regulation of nonstormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the municipal storm drainage system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this article are:
A. 
To regulate the contribution of pollutants to the municipal storm drainage system by stormwater discharges by any user.
B. 
To prohibit illicit connections and discharges to the municipal storm drainage system.
C. 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.

§ 183-2 Definitions.

For the purposes of this article, the following shall mean:
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
AUTHORIZED ENFORCEMENT AGENCY
Employees or designees of the director of the municipal agency designated to enforce this article.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. Currently these include construction projects resulting in land disturbance of five acres or more. Beginning in March 2003, NPDES Stormwater Phase II permits will be required for construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 183-7A(2) of this chapter.
ILLICIT CONNECTIONS
Either of the following: any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allow any nonstormwater discharge, including sewage, process wastewater, and wash water, to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency, or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that are part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the EPA [or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, group or on a general, area-wide basis.
NONSTORMWATER DISCHARGE
Any discharge to the storm drain system that is not composed entirely of stormwater.
PERSON
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes; and yard wastes, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the New York State Department of Environmental Conservation that authorizes the discharge of pollutants to waters of the state.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
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 non-point-source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

§ 183-3 Applicability.

This article shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

§ 183-4 Responsibility for administration.

The Building Department shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the Building Department may be delegated in writing by the Building Inspector as may be authorized by the Village.

§ 183-5 Severability.

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

§ 183-6 Standards are minimum standards.

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

§ 183-7 Discharge prohibitions.

A. 
Prohibition of illegal discharges.
(1) 
No person shall discharge or cause to be discharged into the municipal storm drainage system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants, that cause or contribute to a violation of applicable water quality standards, other than stormwater.
(2) 
The commencement, conduct or continuance of any illegal discharge to the storm drainage system is prohibited, except as described as follows:
(a) 
The following discharges are exempt from discharge prohibitions established by this article, unless the New York State Department of Environmental Conservation or the Village of Irvington has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space or basement sump pumps, air-conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, dechlorinated swimming pools (if dechlorinated, typically less than one PPM chlorine), water from fire-fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
(b) 
Discharges approved in writing by the authorized enforcement agency as being necessary to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the authorized enforcement agency may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.
(c) 
Dye testing in compliance with applicable state and local laws is an allowable discharge but requires a verbal notification to the authorized enforcement agency prior to the time of the test.
(d) 
The prohibition shall not apply to any discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drainage system.
B. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited.
(2) 
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) 
A person is considered to be in violation of this article if the person connects a line conveying sewage to the storm drainage system or allows such a connection to continue.

§ 183-8 Suspension of access to the storm drainage system.

A. 
Suspension due to illegal discharges in emergency situations. The Building Inspector or Superintendent of Public Works may, without prior notice, suspend discharge access to the storm drainage system to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm drainage system or waters of the United States. The authorized enforcement agency shall notify the person of such suspension within a reasonable time thereafter, in writing, with the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the storm drainage system or waters of the United States or to minimize danger to persons.
B. 
Suspension due to the detection of illegal discharge.
(1) 
Any person discharging to the storm drainage system in violation of this article may have his, her or its access to the system terminated if such termination would abate or reduce an illegal discharge. The authorized enforcement agency will notify a violator in writing of the proposed termination of its access to the storm drainage system and the reasons for the termination. The violator may petition the authorized enforcement agency for a reconsideration and hearing. Access may be granted by the authorized enforcement agency if it finds that the illegal discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the authorized enforcement agency determines in writing that the illegal discharge has not ceased or is likely to recur.
(2) 
A person commits an offense if the person reinstates access to the storm drainage system terminated pursuant to this section, without the prior approval of the authorized enforcement agency.

§ 183-9 Industrial or construction activity discharges.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Building Inspector prior to the allowing of discharges to the storm drainage system.

§ 183-10 Monitoring of discharges.

A. 
Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.
B. 
Access to facilities.
(1) 
The Building Inspector shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
(2) 
Facility operators shall allow the Building Inspector ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater and the performance of any additional duties as defined by state and federal law.
(3) 
The Building Inspector shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The Building Inspector has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Building Inspector and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) 
Unreasonable delays in allowing the Building Inspector access to a permitted facility is a violation of a stormwater discharge permit and of this article. A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.
(7) 
If the Building Inspector has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.

§ 183-11 Requirements to prevent, control, and reduce pollutants through best management practices.

Where the authorized enforcement agency has identified illegal discharges as defined in § 183-2 or activities contaminating stormwater, the municipality may require implementation of best management practices (BMPs) to control those illegal discharges and activities.
A. 
The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drainage system or watercourses through the use of structural and nonstructural BMPs.
B. 
Any person responsible for a property or premise that is, or may be, the source of an illegal discharge or an activity contaminating stormwater may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the municipal storm drainage system.
C. 
Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

§ 183-12 Watercourse protection.

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

§ 183-13 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials that is resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drainage system or water of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Building Inspector within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

§ 183-14 Enforcement.

A. 
Notice of violation. Whenever the Building Inspector finds that a person has violated a prohibition or failed to meet a requirement of this article, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
(1) 
The performance of monitoring, analyses, and reporting;
(2) 
The elimination of illicit connections or discharges;
(3) 
That violating discharges, practices, or operations shall cease and desist;
(4) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) 
Payment of a fine to cover administrative and remediation costs; and
(6) 
The implementation of source control or treatment BMPs.
B. 
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

§ 183-15 Appeal of notice of violation.

Any person receiving a notice of violation may appeal the determination of the Building Inspector to the Village Board of Trustees. The notice of appeal must be received within 10 days from the date of the notice of violation. A hearing on the appeal before the Board of Trustees shall take place within 30 days from the date of receipt of the notice of appeal. The decision of the Board of Trustees shall be final.

§ 183-16 Enforcement measures after appeal.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within 10 days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

§ 183-17 Cost of abatement of the violation.

Within 10 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 10 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the Village by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 3% per annum shall be assessed on the balance beginning on the 21st day following discovery of the violation.

§ 183-18 Injunctive relief.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

§ 183-19 Alternative compensatory actions.

In lieu of enforcement proceedings, penalties, and remedies authorized by this article, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

§ 183-20 Violations deemed public nuisance.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

§ 183-21 Penalties for offenses; recovery of fees.

A. 
Any person that has violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty of $250 per violation per day and/or imprisonment for a period of time not to exceed 15 days, or both.
B. 
The authorized enforcement agency may recover all attorney's fees, court costs and other expenses associated with enforcement of this article, including sampling and monitoring expenses.

§ 183-22 Remedies not exclusive.

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.

§ 183-23 When effective; repealer.

This article shall be in full force and effect 30 days after its final passage and adoption. All prior laws and parts of laws in conflict with this article are hereby repealed.

§ 183-24 Construction inspection.

A. 
Erosion and sediment control inspection. The Village of Irvington Stormwater Management Officer may require such inspections as necessary to determine compliance with this article and Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., and may either approve that portion of the work completed or notify the applicant when the work fails to comply with the requirements of this article, Article XXVII of the Zoning Code, or the stormwater pollution prevention plan (SWPPP) as approved under Article XXVII of the Zoning Code. The Stormwater Management Officer may conduct the inspection or, upon approval of the Board of Trustees of the Village of Irvington, engage the services of a registered engineer to conduct the inspection at a cost not to exceed a fee schedule established by the said governing board. To obtain inspections, the applicant shall notify the Village of Irvington enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
(1) 
Start of construction.
(2) 
Installation of sediment and erosion control measures.
(3) 
Completion of site clearing.
(4) 
Completion of rough grading.
(5) 
Completion of final grading.
(6) 
Close of the construction season.
(7) 
Completion of final landscaping.
(8) 
Successful establishment of landscaping in public areas.
B. 
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.

§ 183-25 Stormwater management practice inspections.

The Village of Irvington 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.

§ 183-26 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.

§ 183-27 Submission of reports.

The Village of Irvington Stormwater Management Officer may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.

§ 183-28 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 Irvington the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 183-26.

§ 183-29 Performance guaranty.

A. 
Construction completion guaranty. 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 Irvington in its approval of the stormwater pollution prevention plan, the Village of Irvington 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 Irvington as the beneficiary. The security shall be in an amount to be determined by the Village of Irvington based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guaranty shall remain in force until the surety is released from liability by the Village of Irvington, 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 Irvington. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
B. 
Maintenance guaranty. 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 Irvington 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 Irvington may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C. 
Recordkeeping. The Village of Irvington may require applicants subject to this article to maintain records demonstrating compliance with this article.

§ 183-30 Enforcement; penalties.

A. 
Notice of violation. When the Village of Irvington determines that a land development activity is not being carried out in accordance with the requirements of this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., 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 article 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 Village of Irvington may issue a stop-work order for violations of this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq. 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 Village of Irvington 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 article.
C. 
Violations. Any land development activity that is commenced or is conducted contrary to this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., may be restrained by injunction or otherwise abated in a manner provided by law.
D. 
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, 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, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., shall be deemed misdemeanors; and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
E. 
Withholding of certificate of occupancy. If any building or land development activity is installed or conduced in violation of this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., the Stormwater Management Officer may prevent the occupancy of said building or land.
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 a reasonable time after notice, the Village of Irvington may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

§ 183-31 Fees for services.

The Village of Irvington may require any person undertaking land development activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections or SMP maintenance performed by the Village of Irvington or performed by a third party for the Village of Irvington. Such costs shall be paid in accordance with the provisions of Chapter 160, Professional Fees.