A.
Erosion and sediment control inspection.
(1)
The Town of Goshen Stormwater Management Officer shall require such
inspections as necessary to determine compliance with this chapter
and shall 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
Town of Goshen enforcement official or his designee at least 48 hours
before any of the following as required by the Stormwater Management
Officer (for each phase of construction, if applicable):
(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;
(g)
Completion of final landscaping; or
(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 take 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 Town of Goshen Stormwater
Management Officer, or his designee, will conduct 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 a 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 based
on possible impacts to highly sensitive or valuable community water
resources; 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 Town of Goshen Stormwater Management Officer
shall 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 Town of Goshen 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 Town of Goshen in
its approval of the stormwater pollution prevention plan, the Town
of Goshen will require the applicant or developer to provide, prior
to construction, a performance bond or cash escrow which guarantees
satisfactory completion of the project and names the Town of Goshen
as the beneficiary. The security shall be in an amount to be determined
by the Town of Goshen 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 Goshen, 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 Goshen.
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, shall be
required to provide the Town of Goshen with a maintenance guarantee
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 Goshen, after
giving reasonable notice for non-emergencies, may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
C.
Recordkeeping. All entities subject to this chapter shall maintain
records demonstrating compliance with this chapter.
A.
Notice of violation. When the Town of Goshen determines that a land
development activity is not being carried out in accordance with the
requirements of this chapter, it shall issue a written notice of violation
to the landowner as necessary to ensure compliance with this chapter.
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; and
(6)
A statement that the determination of violation may be appealed to
the local justice court by filing a written notice of appeal within
15 days of service of notice of violation.
B.
Stop-work orders. The Town of Goshen may issue a stop-work order
for violations of this chapter as necessary to ensure compliance with
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 Town of Goshen 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.
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. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine of not less than
$250 and not exceeding $500 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 $500 nor more than
$1,000 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 $1,000 nor more than $5,000 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 chapter shall be deemed misdemeanors and, for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each day'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 conducted in violation of this
chapter, the Stormwater Management Officer may prevent the occupancy
of said building or land until such violation is remedied.
F.
Restoration of lands. Any violator shall be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town of Goshen
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The Town of Goshen shall 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 Town of Goshen or performed by a third
party for the Town of Goshen.