Town of Rotterdam, NY Erosion and Sediment Control

Uncontrolled drainage and runoff associated with land development activity has a significant impact upon the health, safety and welfare of the community.

Eroded soil endangers water resources by reducing water quality and causing the silting of streams, lakes and other water bodies, adversely affecting aquatic life.

Stormwater runoff and sediment transports pollutants such as heavy metals, hydrocarbons, nutrients and bacteria to water resources, degrading water quality.

Eroded soil necessitates repair and accelerates the maintenance needs of stormwater management facilities.

Clearing, grading and altering natural topography during construction tends to increase erosion.

Improper design and construction of drainage facilities can increase the velocity of runoff, thereby increasing stream bank erosion and sedimentation.

(7)

Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.

(8)

Improperly managed stormwater runoff can increase the incidence of flooding and the severity of floods that occur, endangering property and human life.

(9)

Substantial economic losses can result from these adverse impacts.

(10)

Stormwater runoff, soil erosion, and non-point source pollution can be controlled and minimized through the regulation of land development activities.

Purpose. The purpose of this article is to safeguard persons, protect property, and prevent damage to the environment in the Town of Rotterdam, New York. This article will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other land development activity. This article seeks to meet these purposes by achieving the following objectives:

Minimize soil erosion and sedimentation on streams, water bodies, and neighboring properties.

Avoid excessive and/or unnecessary tree and vegetation removal.

Minimize air quality degradation that can occur as a result of windblown soil associated with properties being cleared and graded for development.

Maintain the integrity of watercourses and sustain their hydrologic functions.

Prevent increases in the magnitude and frequency of stormwater runoff to prevent an increase in flood flows and the hazards and costs associated with flooding.

Prevent decreases in groundwater recharge and stream base flow to maintain aquatic life, assimilative capacity, and water supplies.

(7)

Facilitate the removal of pollutants in stormwater runoff to perpetuate the natural biological function of water bodies.

Statutory authority. In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Rotterdam has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Town of Rotterdam and for the protection and enhancement of its physical environment. The Town Board may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.

Applicability. Unless specifically exempted in Subsection D(1) below, no person, corporation, or other legal entity shall engage in land clearing activity or grading in the Town without having received a site development permit from the Town of Rotterdam Department of Public Works (DPW). Depending upon the project, this permit may also require approval of a stormwater pollution prevention plan (SWPPP).

[Amended 3-11-2009 by L.L. No. 2-2009]

No SWPPP is required by this Code for the following exempt activities:

Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

Agricultural operations conducted as a permitted principal or accessory use.

Construction activities on property used for agriculture or silvaculture involving a disturbance of less than five acres.

Mining, as defined as any activity regulated by the New York State Mined Land Reclamation Law (Environmental Conservation Law, Article 23, Title 27).

The renovation/replacement of a septic system serving an existing dwelling or structure.

Lawn and landscaping maintenance on developed properties unless such activity meets the definition of "major project" or "minor project" under this Code.

(g)

Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.

(h)

Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management and/or MS4 Coordinator.

(i)

Cemetery graves.

(j)

Installation of fence, sign, telephone and electric poles and other kinds of posts or poles.

Applicants must also obtain all other permits required by state, federal, and local laws. Whenever the particular circumstances of a proposed land development activity require compliance with special use, site plan, or subdivision procedures of the Town of Rotterdam, the Planning Commission should make every effort possible to integrate the requirements prescribed herein as appropriate and determine the adequacy of the SWPPP.

Review and approval.

No application for a land development activity permit, special permit or site plan approval shall be approved until the appropriate board and/or department has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications contained herein.

[Amended 3-11-2009 by L.L. No. 2-2009]

For land development activity not subject to special permit, site plan, or subdivision requirements, the Stormwater Management Officer and/or his or her designee shall review the SWPPP to determine its completeness and conformance with the provisions herein. Within 30 days of receipt of a SWPPP, the Stormwater Management Officer and/or his or her designee shall make a determination as to whether it is complete. If it is deemed not complete, the Stormwater Management Officer and/or his or her designee shall notify the applicant in writing as to the deficiencies in the plan and the requirements for completeness. Within 30 days after receiving a complete plan, the Stormwater Management Officer and/or his or her designee, shall, in writing:

Approve the permit application;

Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or

Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission.

Failure of the Stormwater Management Officer and/or his or her designee to act on a complete original or revised application within 30 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the Town. Pending preparation and approval of a revised plan, land development activities shall not be allowed to proceed. Nothing herein shall relieve an applicant's need to obtain a building permit or other approvals as required by the Town Code.

[Amended 3-11-2009 by L.L. No. 2-2009]

For projects subject to special permit, site plan, or subdivision requirements, the DPW shall refer the application to the Town Planning Commission for incorporation into the required review process. The Stormwater Management Officer and/or his or her designee shall determine the completeness of the SWPPP. For projects subject to subdivision requirements, preliminary approval shall not be granted until the Planning Commission has received a SWPPP prepared in accordance with the specifications contained herein.

In its review of the plan, the Stormwater Management Officer may consult with the Town Designated Engineer, the Schenectady County Soil and Water Conservation District, the New York State Department of Environmental Conservation, or any other appropriate agency or firm qualified in the review and/or design of stormwater management and erosion control plans.

Stormwater Pollution Prevention Plan contents.

The SWPPP shall include the following:

A written narrative identifying the project's scope, including the location, type and size of the project.

A site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of stormwater discharge(s). The specific location(s), size(s), and length(s) of each erosion and sediment control practice shall also be shown. The site map should be at a scale no smaller than one inch equals 100 feet.

A natural resources map identifying existing vegetation; on-site and adjacent off-site surface water(s), wetlands, and drainage patterns that could be affected by the construction activity; and existing and final slopes.

A description of soil(s) present at the site along with any existing data that describes the stormwater runoff characteristics at the site.

A construction phasing plan describing the intended sequence of construction activities including clearing, excavation and grading; utility and infrastructure installation, and any other activity at the site that results in soil disturbance. Phasing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. Consistent with the New York Standards and Specifications for Urban Erosion and Sediment Control, most current version or its successor, there shall not be more than five acres of disturbed soil at any one time without prior written approval from the Department of Environmental Conservation.

A description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in the stormwater discharges.

(g)

A description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response.

(h)

A description of the temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.

(i)

The dimensions, material specifications (e.g., seeding mixtures and rates, types of sod, kind and quantity of mulching) and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.

(j)

An implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and the duration that each practice should remain in place.

(k)

A maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practices, including estimates of the cost of maintenance.

(l)

A delineation of SWPPP implementation responsibilities for each part of the site.

(m)

A description of structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable.

For major projects, the following shall also be provided:

A site map/construction drawing(s) of each postconstruction stormwater practice including a description of each postconstruction stormwater control practice, including specific location(s) and size(s), dimensions, material specifications and installation details. The New York State Stormwater Management Design Manual, most current version or its successor, shall serve as the technical design standard. Deviations from this Design Manual are permitted subject to review and approval by the New York State Department of Environmental Conservation within 60 business days of receipt of a completed notice of intent (NOI).

A hydrologic and hydraulic analysis for all structural components of the stormwater control system for the applicable design storms.

A comparison of postdevelopment stormwater runoff conditions with pre-development conditions.

Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater control practice.

Plan certification.

The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer. The SWPPP must be signed by the professional preparing the plan, who shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that false statements made herein are punishable as a Class A Misdemeanor pursuant to Section 210.45 of the Penal Law."

For major projects, the licensed/certified professional, or his or her designee, who prepared the SWPPP shall be on site upon commencement of clearing and grading, and shall certify that all erosion and sediment control measures have been installed in accordance with the plan. Such certification shall be submitted to the Town of Rotterdam Stormwater Management Officer. In addition, a licensed/certified professional shall be on site on all days when construction or grading activity takes place.

Contractor certification. The SWPPP must clearly identify the contractor(s) and subcontractor(s) that will implement each stormwater and erosion control measure. All contractors and subcontractors identified in the SWPPP shall sign a copy of the following certification statement before undertaking any land development activity:

"I certify under penalty of law that I understand and agree to comply with the terms and conditions of the SWPPP for the construction site identified in such SWPPP as a condition of authorization to discharge stormwater. I also understand that the operator must comply with the terms and conditions of the New York State Pollutant Discharge Elimination System ("SPDES") general permit for stormwater discharges from construction activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards."

SWPPP review and amendment.

The permittee shall amend the SWPPP whenever there is a significant change in design, construction, operation, or maintenance which may have a significant effect on the potential for the discharge of pollutants to the waters of the United States and which has not otherwise been addressed in the SWPPP as determined by the licensed/certified professional, the Stormwater Management Officer and/or his or her designee, or the NYS Department of Environmental Conservation.

The SWPPP shall be amended if it proves to be ineffective in:

Eliminating or significantly minimizing pollutants from sources identified in the SWPPP; or

Achieving the general objectives of controlling pollutants in stormwater discharges from permitted construction activity.

Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP. Amendments to the SWPPP shall be processed and approved or disapproved in the same manner as in Subsection E of this section by written authorization to the permittee.

Design and performance standards.

In general, wetlands, watercourses and natural drainage channels should not be filled, graded or altered. When protection of wetlands, trees, steep slopes or other environmentally sensitive area is required, the location shall be shown on the erosion control plan and the method of protection during construction identified (e.g., silt fence, construction fence, stakes, etc.).

A vegetative buffer (25 feet minimum) shall be maintained between disturbed areas and protected federal designated wetlands. The twenty-five foot buffer shall not be disturbed without special use permit approval as provided by Article XIX of this chapter.

A vegetative buffer (100 feet minimum) shall be maintained between disturbed areas and protected state designated wetlands. The one-hundred-foot adjacent area shall not be disturbed without special use permit approval as provided by Article XIX of this chapter and any applicable approvals/permits as required by the NYS Department of Environmental Conservation.

A watercourse buffer shall not be disturbed without special use permit approval as provided by Article XIX of this chapter.

Grading, erosion, and sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the New York Standards and Specifications for Erosion and Sediment Control published by the Empire State Chapter of the Soil and Water Conservation Society. For the design of postconstruction structures, the technical standards are currently detailed in the publication "New York State Storm water Management Design Manual, published by the Department of Environmental Conservation.

Cut-and-fill slopes shall be no greater than 2:1, except where retaining walls, structural stabilization or other methods acceptable to the Department of Public Works and/or Town Designated Engineer are used. Disturbed areas shall be restored as natural appearing landforms, and shall blend in with the terrain of adjacent undisturbed land. Abrupt, angular transitions shall be avoided.

Clearing and grading shall be substantially confined to designated building envelopes, utility easements, driveways, and parking footprint. Clearing and grading techniques that retain natural vegetation and drainage patterns, as described in the most recent version of Standards and Specifications for Erosion and Sediment Control referenced above shall be used to the satisfaction of the responsible board. No clearing or grading shall take place within the established fifty-foot watercourse buffer area except to provide road crossings where permitted.

Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.

Phasing shall be required on all sites disturbing greater than 20 acres, with the size of each phase to be established at plan review and as approved by the Town Planning Commission (if applicable), the Stormwater Management Officer, and/or his or her designee. There shall not be more than five acres of disturbed soil at any one time without prior written approval from the Department of Environmental Conservation.

(7)

The permittee shall initiate stabilization measures as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. This requirement does not apply in the following instances:

Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures shall be initiated as soon as practicable;

Where construction activity on a portion of the site is temporarily ceased, and earth-disturbing activities will be resumed within 21 days, temporary stabilization measures need not be initiated on that portion of the site.

(8)

The mere parking and moving of construction vehicles around the site does not constitute construction or earth-disturbing activity. If the permittee is not diligently pursuing the project toward completion as determined by the Stormwater Management Officer or designated agent, he/she may issue a notice of violation and stipulate that the stabilization measures as outlined above shall be undertaken to prevent site erosion.

(9)

If seeding or another vegetative erosion control method is used, it shall become established within 14 days or the applicant may be required to reseed the site or use a nonvegetative option.

(10)

Special techniques that meet the design criteria outlined in the most recent version of Standards and Specifications for Erosion and Sediment Control shall be used to ensure stabilization on steep slopes or in drainageways.

(11)

Soil stockpiles must be stabilized or covered at the end of each workday.

(12)

Techniques shall be employed to prevent the blowing of dust or sediment from the site.

(13)

Techniques that divert upland runoff past disturbed slopes shall be employed.

(14)

Adjacent properties shall be protected by the use of a vegetated buffer strip in combination with sediment controls.

(15)

Stabilization shall be adequate to prevent erosion located at the outlets of all pipes and paved/rip-rap channels.

(16)

Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

(17)

Development should relate to site conditions and disturbance of steep slopes avoided. Grading should be minimized by utilizing the existing topography whenever possible. Roads and driveways shall follow the natural topography to the greatest extent possible.

(18)

In areas of severe slopes (exceeding 25%), land-disturbing activities are not permitted unless approved by a licensed professional civil engineer. A twenty-five-foot buffer must be maintained between any disturbed area and the top of slopes 25% and greater unless approved by a licensed professional Civil Engineer

Water quality standard. Any land development activity shall not result in:

An increase in turbidity that will cause a substantial visible contrast to natural conditions;

An increase in suspended, colloidal and settleable solids that will cause deposition or impair the waters for their best uses; or

Residue from oil and floating substances, nor visible oil film, or globules of grease.

Erosion and sediment control inspection.

The Town of Rotterdam's Stormwater Management Officer and/or his or her designated agent may require such inspections as necessary to determine compliance with this article 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 article and the SWPPP as approved. To obtain inspections, the applicant shall notify the Stormwater Management Officer at least 48 hours before the following as required by the SWPPP:

Start of construction and initial installation of sediment and erosion controls.

Installation of sediment and erosion measures as site clearing and grading progresses.

Completion of site clearing.

Completion of rough grading.

Completion of final grading.

Close of the construction season.

(g)

Completion of final landscaping.

(h)

Successful establishment of landscaping in public areas.

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. Corrective actions may include, but are not limited to, the repair and/or restoration of off-site impacts. Depending upon the severity of the violation, in certain circumstances, 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 Town of Rotterdam's Stormwater Management Officer and/or designated agent.

The operator shall have a qualified professional conduct an assessment of the site prior to the start of construction and certify in an inspection report that the appropriate erosion and sediment controls described in the SWPPP have been adequately installed or implemented to ensure overall preparedness of the site. Following the start of construction, site inspections shall be conducted by a qualified professional at least every seven calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. The purpose of such inspections will be to determine the overall effectiveness of the plan and the need for additional control measures. During each inspection, the qualified professional shall record the following information:

On a site map, indicate the extent of all disturbed site areas and drainage pathways. Indicate site areas that are expected to undergo initial disturbance or significant site work within the next fourteen-day period.

Indicate on a site map all areas of the site that have undergone temporary or permanent stabilization;

Indicate all disturbed site areas that have not undergone active site work during the previous fourteen-day period;

Inspect all sediment control practices and record the approximate degree of sediment accumulation as a percentage of the sediment storage volume;

Inspect all erosion and sediment control practices and record all maintenance requirements such as verifying the integrity of barrier or diversion systems and containment systems. Identify any evidence of rill or gully erosion occurring on slopes and any loss of stabilizing vegetation or seeding/mulching. Document any excessive deposition of sediment or ponding water along barrier or diversion systems. Record the depth of sediment within containment structures, any erosion near outlet and overflow structures, and verify the ability of rock filters around perforated riser pipes to pass water, and

All deficiencies that are identified with the implementation of the SWPPP.

A copy of the NOI and a brief description of the project shall be posted at the construction site in a prominent place for public viewing. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the beginning of construction activities to the date of final stabilization. The SWPPP and inspection reports are public documents that the operator must make available for inspection, review and copying by any person within five business days of the operator receiving a written request by such person to review the SWPPP and/or the inspection reports. Copying of documents will be done at the requester's expense.

The operator shall maintain a record of all inspection reports in a site log book. The site log book shall be maintained on-site and be made available to the Town upon request. The operator shall post at the site, in a publicly accessible location, a summary of the site inspection activities on a monthly basis.

Any employee of the Department of Public Works, the Stormwater Management Officer, or the Town's designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Subsection L(3)above.

Inspections of stormwater management practices (SMP).

The Stormwater Management Officer or designated agent is responsible for conducting inspections of stormwater management structures and practices. All operators are required to submit as-built plans certified by a licensed/certified professional for any permanent stormwater management practices located on-site after final stabilization. [NOTE: Final stabilization" means that all soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches, or geotextile mats) have been employed on all unpaved areas and areas not covered by permanent structures.] Operators shall also provide the owner(s) of such structure(s) with a manual describing the operation and maintenance practices that will be necessary in order for the structure to function as designed. The operator must also certify that the permanent structure(s) have been constructed as described in the SWPPP. This certification may be able to be accomplished by providing to the Town of Rotterdam a copy of the notice of termination (NOT) filed with the NYSDEC.

All certified as-built plans, lands, structures, and/or appurtenances to be dedicated to the Town of Rotterdam shall be reviewed, inspected and approved by the Town Stormwater Management Officer or designated agent prior to acceptance by the Town of Rotterdam.

Upon certification by the operator's licensed/certified professional that a final site inspection has been conducted and that final stabilization has been accomplished and all stormwater management practices have been constructed as described in the SWPPP, the operator shall complete and file a notice of termination as prescribed by the NYSDEC and file a copy with the Town of Rotterdam to notify it that he or she have complied with this section and that the project is complete.

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; 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 facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

Performance guarantee.

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 Rotterdam in its approval of the stormwater pollution prevention plan, the Town of Rotterdam 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 Town of Rotterdam as the beneficiary. The security shall be in an amount determined by the Town of Rotterdam 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 Rotterdam, provided that such period shall not be less than one-year from the date of final acceptance or such other certification that the facilities 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.

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 Town of Rotterdam 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 control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

Recordkeeping. The Town of Rotterdam may require entities subject to this article to maintain records demonstrating compliance with this article.

Retention of licensed/certified professional; payment.

The Town Planning Commission and/or DPW is hereby authorized to retain licensed/certified professionals as are determined to be necessary to carry out the review of an SWPPP or to make regular inspections of all control measures in accordance with the approved plan.

Payment for the services of such professionals is to be made from funds deposited by the applicant with the Town in escrow accounts for such purposes.

It shall be the responsibility of the applicant to submit to the Town certified check(s) in amounts equal to the estimate of the licensed/certified professional for the cost of services to be rendered. Estimates shall reflect reasonable costs at prevailing rates. The Town shall make payments to said professional for services rendered to it upon acceptance by the Town of said service.

Enforcement and penalties.

The operator and all contractors and subcontractors must comply with all conditions of a SWPPP issued pursuant to this article. In the event that a permit holder violates the terms of the SWPPP or implements site development in such a manner as to adversely affect the health, safety, or welfare of the public, the Building Inspector/Code Enforcement Officer or Stormwater Management Officer may issue a stop work order. In addition, the Building Inspector/Code Enforcement Officer or Stormwater Management Officer may issue a stop-work order for violations of this article. 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 Rotterdam 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 penalties in accordance with the enforcement measures authorized in this article.

The Building Inspector/Code Enforcement Officer or Stormwater Management Officer may notify the permittee at any time that the SWPPP does not meet one or more of the requirements herein. Such notification shall identify those provisions of the permit that are not being met by the SWPPP and identify which provisions of the SWPPP require modifications in order to meet the minimum requirements of the permit. Within seven days of such notification (or as otherwise provided by the Town), the permittee shall make the required changes to the SWPPP and shall submit to the Town a written certification that the requested changes have been made.

Any violation of this article shall be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both. Each day the violation exists shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be required to bear the expense of any restoration work required. To the extent that the noncompliance with this article constitutes a violation of the Clean Water Act and the Environmental Conservation Law, there are substantial criminal, civil, and administrative penalties.

If any building or land development activity is installed or conducted in violation of this article, the Town Building Inspector/Code Enforcement Officer or Stormwater Management Officer may prevent the occupancy of said building or land.