[HISTORY: Adopted by the Town Board of the
Town of Huntington 12-4-2007 by L.L. No. 45-2007. Amendments noted
where applicable.]
The Town Board intends to provide for the health,
safety, and general welfare of the citizens of the Town of Huntington
through the regulation of non-stormwater discharges to the Town's
separate storm sewer system (MS4) to the maximum extent practicable
as required by federal and state law. One of the methods chosen by
the Board is to control the introduction of pollutants into the Town's
separate storm sewer system (MS4) in order to comply with requirements
of the SPDES General Permit for Municipal Separate Storm Sewer Systems.
The declared objectives of this Article are as follows:
A.
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from separate storm sewer system MS4s, Permit
No. GP-02-02, as amended or revised; and
B.
To regulate the contribution of pollutants to the
Town's separate storm sewer system (MS4) since such systems are not
designed to accept, process or discharge non-stormwater wastes; and
C.
To prohibit illicit connections, activities and discharges
to the Town's separate storm sewer system (MS4); and
D.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this Article and all applicable laws; and
E.
To promote public awareness of the hazards involved
in the improper discharge of trash, yard waste, lawn chemicals, pet
waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment and other pollutants into
the Town's separate storm sewer system (MS4).
This Article shall apply to all water entering
the Town's separate storm sewer system (MS4) generated on developed
and undeveloped lands in any zoning district unless explicitly exempted
by an authorized enforcement agency.
For the purpose of this Article certain terms
and words are hereby defined. Words used in the present tense include
the future, words in the singular include the plural, and words in
the plural include the singular; the word "shall" is mandatory. For
the purpose of this Article, the following terms and phrases shall
have the meanings set forth below:
The U.S. Environmental Protection Agency, the New York State
Department of Environmental Conservation and any Department of the
Town of Huntington or employees thereof designated to enforce this
Article.
Schedules of activities, prohibitions of practices, general
good house keeping 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.
Best management practices shall 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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendment thereto.
Activities requiring authorization under the New York State
SPDES Permit No. GP-02-01, as amended or revised, for stormwater discharges
from construction work or activity including construction work or
projects resulting in land disturbance of one or more acres, and are
not limited to clearing and grubbing, grading, excavating and demolition.
(NYSDEC) the state agency responsible for the administration
and enforcement of State environmental laws and regulations.
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.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the Town's separate storm
sewer system (MS4), including but not limited to:
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(1)
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Any conveyance which allows any non-stormwater
discharge including treated or untreated sewage, process wastewater,
and wash water to enter the Town's separate storm sewer system (MS4),
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
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(2)
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Any drain or conveyance connected from commercially
or industrially-utilized property to the Town's separate storm sewer
system (MS4) which has not been documented in plans, maps, or equivalent
records and has not been approved by an authorized enforcement agency.
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Any direct or indirect non-stormwater discharge to the Town's
separate storm sewer system (MS4), except as exempted in § 170-5(A)
of this Chapter or by an authorized enforcement agency.
Activities requiring a New York State SPDES Permit No. GP-0-06-002,
as amended or revised, for discharges from industrial uses or activities,
including any activity pertaining to industry, manufacturing, commerce,
trade, business or institution, and is distinguished from construction.
(MS4) A conveyance or system of conveyances, including roads with drainage systems, municipal streets and highways, catch basins, curbs, sluice-ways, gutters, ditches, man-made channels, storm drains and related appurtenances which meet all of the following criteria: (a) is owned or operated by the Town of Huntington; (b) designed or used for collecting or conveying stormwater; (c) is not a combined sewer; and (d) is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2 and Chapter 164 of the Huntington Town Code.
Any discharge to the Town's separate storm sewer system (MS4)
that is not composed entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner, the owner's agent or person in charge or in possession
of property.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, and industrial, municipal
or agricultural waste and ballast discharged into water, which may
cause or might reasonably be expected to cause pollution of the waters
in contravention of the standards.
Any building, lot, parcel of land, or portion of land in
any zoning district whether improved or unimproved including adjacent
sidewalks, walkways, paths and parking strips.
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(1)
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Discharge Compliance with Water Quality Standards.
The condition that applies where the Town of Huntington has been notified
that the discharge of stormwater authorized under its MS4 permit may
have caused or has the reasonable potential to cause or contribute
to the violation of an applicable water quality standard. Under this
condition, the Town of Huntington shall take all necessary actions
to ensure future discharges do not cause or contribute to a violation
of such standards.
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(2)
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303(d) Listed Waters. The condition in the Town
of Huntington's MS4 permit that applies in the event of a discharge
into a 303(d) listed water. Under this condition, the stormwater management
program must ensure to the fullest extent possible no increase of
the listed pollutant of concern to the 303(d) listed water.
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(3)
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Total Maximum Daily Load (TMDL) Strategy. The
condition in the Town of Huntington's MS4 permit where a TMDL, including
requirements for control of stormwater discharges, has been approved
by EPA for a water body or watershed into which the MS4 discharges.
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(4)
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The condition in the Town of Huntington's separate
storm sewer system (MS4) permit that applies if a TMDL is approved
in the future by EPA for any water body or watershed into which a
separate storm sewer system discharges. Under this condition, the
Town of Huntington shall review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If the Town's separate
storm sewer system (MS4) is not meeting the TMDL stormwater allocations,
the Town of Huntington shall, within six (6) months of the TMDL's
approval, modify its stormwater management program to ensure that
reduction of the pollutant of concern specified in the TMDL is achieved.
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A DEC SPEDES permit issued to developers of construction
activities to regulate disturbance of one or more acres of land.
A DEC SPDES permit issued to municipalities to regulate discharges
from municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
A permit issued by the New York State Department of Environmental
Conservation which authorizes the discharge of pollutants into waters
of the state.
Rainwater, surface runoff, snowmelt and drainage.
The person or persons designated to administer, implement
and enforce the provisions of this Article, and inspect stormwater
management practices.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants. Such list is prepared periodically
by the New York State Department of Environmental Conservation as
required by Section 303(d) of the Clean Water Act, or successor law.
303(d) listed waters include but are not limited to estuaries, lakes
and streams that fall short of state surface water quality standards
and are not expected to improve within the next two years.
(TMDL) The maximum amount of a pollutant to be allowed to
be released into a water body so as not to impair uses of the water,
allocated among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
[Amended 11-6-2019 by L.L. No. 54-2019]
The Director of Maritime Services shall be designated as the Stormwater Management Officer (SMO) for the purpose of this Article and shall administer, implement, and enforce the provisions of this Article. Such powers granted or duties imposed upon the authorized enforcement official may be delegated by the SMO to his duly authorized deputies, agents, or representatives. In addition, the Director of Public Safety, or his designee, shall be authorized to enforce the provisions of § 170-5(B)(3) and to issue violations subject to the provisions of § 170-19.
A.
Illegal Discharges. No person shall discharge or cause
to be discharged into the Town's separate storm sewer system (MS4)
any materials other than stormwater except as follows:
(1)
The following discharges are exempt from the provisions
of this section unless the New York State Department of Environmental
Conservation or the Town of Huntington has determined the discharge
to be a substantial contributor of pollutants: water line flushing
or other potable water sources; landscape irrigation or lawn watering;
existing diverted stream flows; rising ground water; uncontaminated
ground water infiltration into storm drains; uncontaminated pumped
ground water; foundation or footing drains; crawl space or basement
sump pumps; air conditioning condensate; irrigation water; springs;
water from individual residential car washing; natural riparian habitat
or wetland flows; dechlorinated swimming pool discharges; street wash
water; water from fire fighting activities; and any other water source
not containing pollutants.
(2)
Discharges approved in writing by the SMO 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 period of time and under such conditions
as the SMO may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this Article.
(3)
Dye testing in compliance with applicable state and
local laws is an allowable discharge, provided the SMO has been verbally
notified prior to the time of the test.
(4)
Any discharge permitted under a SPDES permit, waiver,
or waste discharge order issued to the discharger and administered
under the authority of the New York State Department of Environmental
Conservation, 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 such discharge to the Town's separate storm sewer
system (MS4).
(5)
Any discharge pursuant to a municipal act, including
but not limited to, the application of sand, salt and other substances
used for road safety during inclement weather, fire extinguisher foam,
and oil spill absorbent material utilized pursuant to the Town's spill
response procedure.
B.
Illicit Connections.
(1)
No person shall construct, use, maintain, or permit
the continued existence of an illicit connection to the Town's separate
storm sewer system (MS4).
(2)
For the purpose of this Article, an illicit connection
made in the past, regardless of whether the connection was permissible
at the time of connection shall be prohibited.
(3)
No
person shall connect any pipe, hose, equipment or appurtenance to
the Town of Huntington's stormwater management system, its drains,
catch basins, leaching pools, recharge basins, sumps or other component
part thereof.
[Added 11-6-2019 by L.L. No. 54-2019]
B.
Upon notification that a person's activities cause
or contribute to violations of the Town's separate storm sewer system
(MS4) SPDES permit authorization, that person shall take all reasonable
actions to correct such activities or abate the condition complained
of within the time specified in the notice.
A.
Best Management Practices. Where illicit discharges
or activities contaminating stormwater have been identified, the SMO
shall require implementation of Best Management Practices (BMPs) to
control those illicit discharges and activities.
B.
The property owner, person in charge or in possession,
or the operator of a commercial or industrial establishment shall
provide, at his own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the Town's
separate storm sewer system (MS4) through the use of structural and
non-structural BMPs.
C.
Any person responsible for property in any zoning
district, which is, or may be, the source of an illicit discharge
or an activity contaminating stormwater shall be required to implement,
at his own expense, additional structural and non-structural BMPs
to reduce or eliminate the source of pollutant(s) to the Town's separate
storm sewer system (MS4).
D.
For the purpose of this Article, full compliance with
all terms and conditions of a valid SPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this Article.
Any person subject to an industrial or construction
activity SPDES 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 SMO prior to allowing of discharges to
the Town's separate storm sewer system (MS4).
Access to Facilities.
A.
The SMO, the NYSDEC, the Suffolk County Department
of Health Services or other agency having jurisdiction, shall be permitted
to enter and inspect facilities subject to regulation under this Article
or other applicable law 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 the SMO or to the representative of other agencies
having jurisdiction.
B.
Facility operators shall allow the SMO or other agency
having jurisdiction ready access to all parts of the premises for
the purposes of inspection, sampling, examination and copying of records
as may be required to implement the provisions of this Article or
other applicable law.
C.
The Town of Huntington or other agency having jurisdiction
shall have the right to set up on any facility subject to the provisions
of this Article such devices as are necessary to conduct monitoring
and/or sampling of the facility's stormwater discharge.
D.
The Town of Huntington or other agency having jurisdiction
has the right to require the facilities subject to the provisions
of this Article to install monitoring equipment as is reasonably necessary
to determine whether the property is in compliance. 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 at least once every two years to ensure their
accuracy. Proof of such calibration shall be provided upon request.
E.
Unreasonable delays in allowing access to a facility
shall be deemed a violation of this Article, and any person who impedes
or interferes with the ability of the SMO or other agency having jurisdiction
to perform inspections or carry out their duties shall be in violation
of this Article.
F.
At the request of the SMO, the Town Attorney of the
Town of Huntington is authorized to make application to any court
of competent jurisdiction for the issuance of an administrative search
warrant in order to conduct an inspection of any premises where the
owner, person in charge or in possession refuses or fails, after due
notice, to allow an inspection of its premises and where there is
reasonable cause to believe that a violation of this Article is occurring
or has occurred.
A.
Notwithstanding any other provision of law to the
contrary, as soon as any owner, person in charge or in possession
of property, facility operator or person responsible for emergency
response for a facility has information of any known or suspected
release of hazardous or non hazardous materials which are resulting
or may result in illegal discharges or pollutants entering into the
Town's separate storm sewer system (MS4), said person shall take all
necessary steps to ensure the discovery, containment, and cleanup
of such release. Said person shall notify the Town of Huntington Department
of Maritime Services of such spillage in person or by telephone or
facsimile no later than the next business day following the discharge.
Notifications in person or by telephone shall be confirmed by written
notice addressed and mailed to the Department of Maritime Services
within three business days of the telephone notice. If contact cannot
be made with the Department of Maritime Services, said person shall
immediately contact the Town's Department of Public Safety.
B.
Any owner, person in charge or in possession of property,
facility operator or person responsible for emergency response for
a facility who fails to notify the Town of Huntington Department of
Maritime Services or the Department of Public Safety of such spillage
shall, upon conviction, be subject to both fine and imprisonment.
C.
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 addition to the
notification required pursuant to § 170-15(A).
D.
If the discharge of prohibited materials emanates
from a commercial or industrial establishment, the owner, person in
charge or possession, or the 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 from the date of the discharge.
E.
Any owner, person in charge or in possession of property,
facility operator or person responsible for emergency response for
a facility shall be fully responsible for the containment, cleanup
and removal, and for all direct and indirect costs incurred resulting
from such spillage.
F.
Any owner, person in charge or in possession of property,
facility operator or person responsible for emergency response for
a facility shall fully compensate the Town for all direct and indirect
costs and expenses incurred by the Town to contain and prevent the
spilled material from contaminating or degrading the environment or
from causing a hazard to public health or safety, or to clean up,
remove and dispose of the spilled material. The provisions of this
section shall not be construed to confer any obligation upon the Town
of Huntington, its agents or employees to take any action other than
to notify emergency response agencies.
A.
Suspension of access. The SMO may, without prior notice,
suspend access to the Town's separate storm sewer system when such
suspension, in the opinion of the SMO, is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, to the Town's separate storm
sewer system (MS4) or to the health or welfare of persons as determined
by the SMO. The SMO shall notify the person of such suspension within
a reasonable time thereafter in writing of the reasons for the suspension
and the corrective measures to be taken. If the violator fails to
comply with a suspension order issued in an emergency, the SMO may
take such steps as he deems necessary to prevent or minimize damage
to the Town's separate storm sewer system (MS4), or to persons or
the environment. The owner, or person in charge or in possession of
the property, shall reimburse the Town for all direct and indirect
costs and expenses incurred by the Town within ten (10) days of receipt
of such demand and invoice. In the event the person fails, refuses
and/or neglects to pay the monies due and owing to the Town, the amount
so charged shall forthwith become a lien against such lands and shall
be added to and become part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the same officers and in the
same manner as taxes. Nothing contained in this Article shall be deemed
to prohibit the Town from pursuing all other available remedies in
law or in equity.
B.
Termination of access. Any person discharging to the
Town's separate storm sewer system (MS4) in violation of this Article
shall have his access terminated if such termination would abate or
reduce an illicit discharge.
(1)
Notice of termination of access. The SMO shall notify
a violator in writing of the proposed termination of its MS4 access
and the reasons therefore by regular and certified mail, return receipt
requested, and mailed to the last known address, or if the last known
address can not be ascertained, then mailed to the property address.
The notice shall state the corrective action to be taken to abate
or correct the condition and the period of time within which such
remedial action shall be completed.
(2)
Remedial action. The violator shall take such action
as is necessary to cure the condition to the satisfaction of the SMO
within the time specified in the notice, and shall allow such inspections
and produce such documents as deemed necessary by the SMO to establish
full compliance with the notice. Access may be restored by the SMO
if the illicit discharge has ceased, the condition has been cured,
and the discharger has taken steps to prevent its recurrence.
(3)
Petition for reconsideration. In the alternative,
the violator may petition in writing for reconsideration of the SMO's
notice and for a hearing by filing a request with the Huntington Town
Clerk within five (5) days of receiving such notice. The petition
shall state all facts deemed relevant or necessary by the violator,
and shall be submitted with all documentation supporting the claim,
together with a filing fee of One Hundred and Fifty ($150) Dollars.
(4)
Hearing. The Town Board by its designated Hearing
Officer shall conduct a hearing and make findings for all purposes
under this Article. The violator may be represented by counsel, and
present such evidence as he deems necessary in support of his claim.
The Hearing Officer shall file his report in the office of the Town
Clerk and provide the violator, or his counsel, with a copy of the
report no later than ten (10) business days following the close of
the hearing. The Hearing Officer may restore access if the illicit
discharge has ceased, the condition has been cured and the discharger
has taken steps to prevent its recurrence as he seems necessary, and
may make such other recommendations as are warranted by the circumstances.
Denial of access may be continued if the Hearing Officer determines
that the illicit discharge has not ceased or is likely to recur.
(5)
Town Board Action. The Town Clerk shall forward the
Hearing Officer's report and recommendations to the Town Board for
its consideration with a copy to the Town Attorney. The Town Board
shall retain sole authority to make a final determination, and may
adopt or reject, in whole or in part, the Hearing Officer's recommendations,
and may establish such conditions as it deems necessary under the
circumstances.
C.
Violation. It shall be a violation of this Article
to reinstate access to premises terminated or suspended pursuant to
this Article, without the prior written approval of the SMO.
When the SMO finds that a person has violated
any provision of this Article, he may order compliance by written
notice of violation to the property owner, person in charge or in
possession of, or operator of the property. Such notice of violation
may require without limitation:
A.
The elimination of illicit connections or discharges;
B.
That the discharge practice, or operation violative
of this Article cease and desist;
C.
The performance of monitoring, analyses, and reporting
activities;
D.
The implementation of source control or treatment
BMPs; and
E.
The abatement or remediation of stormwater pollution,
contamination, or hazards and the restoration of any affected property.
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 the violator and owner or person in charge or possession that
should he fail to remediate or restore within the established deadline,
the work will be done by the Town and the direct and indirect expenses
thereof shall be charged against the property. Restoration of land
to its undisturbed condition shall include adjoining properties, utilities
and both subsurface and surface waterways. In the event the person
fails, refuses and/or neglects to pay the monies due and owing to
the Town, the amount so charged shall forthwith become a lien against
such lands and shall be added to and become part of the taxes next
to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
For each violation of the provisions of this Article, including but
not limited to violations of conditions imposed by the Town Board
or SMO, the property owner, person in charge or in possession of or
operator of the premises where such violation has been committed or
exists shall have committed an offense, and upon conviction thereof,
shall be subject to a fine of not less than five hundred ($500) dollars
nor more than five thousand ($5,000) dollars for a first offense;
upon conviction of a second offense committed within five (5) years
of the first offense, shall be subject to a fine of not less than
one thousand ($1,000) dollars nor more than ten thousand ($10,000)
dollars; and upon conviction of a third or subsequent offense committed
within five (5) years of the first offense, shall be guilty of a misdemeanor
punishable by a fine of not less than one thousand five hundred ($1,500)
dollars nor more than fifteen thousand ($15,000) dollars or imprisonment
not to exceed six (6) months, or both. Each day, or part thereof,
such violation continues following notification by the Town or service
of a notice of violation returnable before the Bureau of Administrative
Adjudication, appearance ticket or summons shall constitute a separate
offense punishable in like manner.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B)
Any person or entity found by the Bureau of Administrative Adjudication
to have violated the provisions of this article shall likewise be
subject to a monetary penalty within the range of fines authorized
in subdivision (A) for a first offense, subsequent offenses and continuing
offenses, respectively.
(C)
In addition to the penalties set forth above, the Town Attorney may
maintain an action in the name of the Town in a court of competent
jurisdiction for civil penalties in the sum of not less than two hundred
fifty dollars ($250) nor more than one thousand five hundred dollars
($1,500) for each violation of this Article.
(D)
In addition to the criminal and civil penalties set forth above and
any other remedy available to the Town, the Town Attorney may maintain
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of this Article, and/or to recover legal fees.
(E)
In the event the sums due and owing to the Town are not charged against
such lands as provided in this Article, the Town Attorney may maintain
a civil action in the name of the Town in a court of competent jurisdiction
to recover such sums against the owner of the land and any other responsible
party.
(F)
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.
A.
Upon violation of any provision of this Article, a
person may be eligible for alternative remedies in lieu of a civil
penalty, upon recommendation of the Town Attorney and concurrence
of the SMO, where:
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.
In addition to the Legislative Intent as set forth in Article I of this Chapter, the Town Board intends to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the citizens of the Town of Huntington, and makes the following findings of fact:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species;
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
F.
Substantial economic losses can result from these
adverse impacts on the waters of the Town of Huntington and the State
of New York;
G.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
H.
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
In order to address the above-enumerated findings
of fact, the Town Board intends to achieve the following objectives:
A.
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, as
amended or revised;
B.
Require land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities, Permit No. GP-02-01, as
amended or revised;
C.
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminate threats to public safety.
A.
This Article is enacted pursuant to the authority
invested in the Town Board pursuant to Article 10 of the Municipal
Home Rule Law of the State of New York and shall be applicable to
all land development activities affecting 43,560 square feet (one
acre) or more; or activities disturbing less than one acre of land
if 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.
B.
All land development activities subject to review
and approval by the Planning Board shall be reviewed for compliance
with this Article unless otherwise exempted.
C.
All relevant applications for building permit, unless
the Stormwater Pollution Prevention Plan (SWPPP) has already been
approved by the Planning Board, shall be reviewed by the Department
of Engineering Services for compliance with this Article.
The following activities may be exempt from
review under this Article.
A.
Any subdivision plat or site plan which has received
final approval by the Planning Board, and any development for which
a building permit has been issued by the Department of Engineering
Services on or prior to January 1, 2008.
B.
Those activities of an individual engaged in gardening
of flowers and/or vegetables for personal use on residentially-utilized
lots developed by one or two family housing.
C.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
D.
Amendments to any stormwater management practice,
or repairs or alterations to a system deemed necessary by the Stormwater
Management Officer.
E.
Emergency activities undertaken to protect life, property
or natural resources from imminent harm or danger as determined by
the SMO or his designee.
F.
Installation of fencing, signs, telephone and utility
poles or posts.
G.
Landscaping and horticultural activities in connection with an existing structure except such instances which require permits pursuant to the Chapter 87 of the Town Code.
H.
Agricultural activity as defined in this Article.
I.
Cemetery graves.
For the purpose of this Article certain terms
and words are hereby defined. Words used in the present tense include
the future, words in the singular include the plural, and words in
the plural include the singular; the word "shall" is mandatory. For
the purpose of this Article, the following terms and phrases shall
have the meaning set forth below:
The use of land for the production of vegetative crops, such
as but not limited to grains, field crops, market garden crops, fruits,
sod and fiber plants, and in which the maintenance or keeping of poultry
or farm animals is accessory and incidental to the use of the premises
for agricultural purposes. Farming shall not include the commercial
raising of dogs, cats, fur-bearing animals or dairy cattle. For the
purposes of this Article, the operation of greenhouses shall not be
considered as farming.
any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
a natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
any activity that removes the vegetative surface cover.
the deliberate appropriation of property by its owner for
general public use.
the New York State Department of Environmental Conservation,
the agency responsible for the administration and enforcement of State
environmental laws and regulations.
the New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
a person who undertakes land development activities.
the most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book".
excavation or fill of material, including the resulting conditions
thereof.
those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc).
a State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
the process of percolating stormwater into the subsoil.
an area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
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 of land, or activities disturbing
less than one acre of total land area that is 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.
a legally recorded document that acts as a property deed
restriction.
pollution from any source other than from any discernible,
confined and discrete conveyances, and shall include but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
land development activity
the replenishment of underground water reserves.
measures that prevent eroded sediment from leaving the site.
cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
the use of practices that prevent exposed soil from eroding.
an order issued which requires that all construction activity
on a site be stopped.
rainwater, surface runoff, snowmelt and drainage.
a land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
the use of structural or non-structural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
one or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
The person or persons designated to administer, implement
and enforce the provisions of this Article, who shall accept and review
stormwater pollution prevention plans, forward the plans to the applicable
department and inspect stromwater management practices.
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 nonpoint source pollution
inputs to stormwater runoff and water bodies.
a plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
flow on the surface of the ground, resulting from precipitation.
lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic ocean within the territorial seas of the state of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to manmade bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
a permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
a channel that directs surface runoff to a watercourse or
to the public storm drain.
The Director of the Department of Engineering
Services shall be designated as the Stormwater Management Officer
for the purpose of this Article. The Stormwater Management Officer
or duly authorized deputies, agents, or representatives, shall inspect
stormwater management practices, review all stormwater pollution prevention
plans for compliance with this Article and all applicable laws and
rules. The SMO may (1) review the plans, (2) forward the plans to
another department for review, (3) engage the services of a professional
engineer to review the plans, specifications and related documents
or (4) accept the certification of a professional engineer or a certified
professional in erosion and sediment control (CPESC), that the plans
conform to the requirements of this Article.
A.
Stormwater Pollution Prevention Plan; Required.
(1)
No building permit shall be issued, and no site plan
or subdivision shall be approved by any town department, agency or
board for the development of land in any zoning district until the
provisions of this Article have been met and a Stormwater Pollution
Prevention Plan (SWPPP) has been submitted.
(2)
All drawings, plans and specifications shall be signed
and sealed by a Licensed Professional Engineer.
(3)
A copy of the SWPPP shall be retained in a conspicuous
place at the site of the land development activity so as to be easily
inspected during construction from the date of initiation of construction
activities to the date of final stabilization, and shall not be removed
until the project is completed to the satisfaction of the Town. Failure
to post or retain a copy of the SWPPP on site shall be deemed a violation
of this Article.
B.
Contents of Stormwater Pollution Prevention Plans.
All SWPPPs submitted for filing shall provide the following information
and erosion and sediment controls:
(1)
Scope of the project, including location, type, and
size of project.
(2)
Site map grading plan/construction drawing(s) for
the project, including a general location map. At a minimum, the site
plan map shall show the total site area; all existing and proposed
improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s);
wetlands and drainage patterns that could be affected by the construction
activity; existing and final slopes; locations of off-site material,
waste, borrow or equipment storage areas; and location(s) of the stormwater
discharges(s). All site maps should be drawn at a scale no smaller
than 1"=20';
(3)
Description of the soil(s) present at the site as
identified by soil borings or test pits;
(4)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance that
is consistent with the New York Standards and Specifications for Erosion
and Sediment Control (Erosion Control Manual);
(5)
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
(6)
Description of construction and waste materials expected
to be stored on-site with updates as requested by the Town, and a
description of the nature and type of controls to be implemented in
order to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater and
spill-prevention and response;
(7)
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;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to
permanent control measures;
(11)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice shall remain in place;
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
Description of structural practices designed
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; and
(16)
Any existing data that describes the stormwater
runoff at the site.
C.
Additional Criteria.
(1)
Land development activities meeting the following
criteria shall also include water quantity and water quality controls
in the SWPPP (post-construction stormwater runoff controls) as set
forth below:
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Criteria A - Stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a Total Maximum Daily Load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
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Criteria B - Stormwater runoff from land development
activities disturbing five (5) or more acres.
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Criteria C - Stormwater runoff from land development
activity disturbing between one (1) and five (5) acres of land during
the course of the project, exclusive of the construction of single
family residences and construction activities at agricultural properties.
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(2)
Land development activities meeting the Additional
Criteria set forth in 170-28(C) shall also include the following information
in the SWPPP:
(a)
All information included in § 170-28(B)
(b)
Description of each post-construction stormwater
management practice;
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each post-construction stormwater
management practice;
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(e)
Comparison of post-development stormwater runoff
conditions with pre-development conditions;
(f)
Dimensions, material specifications and installation
details for each post-construction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and
effective operation of each post-construction stormwater management
practice;
(h)
Covenants and restrictions to ensure access
to all stormwater management practices at the site for the purpose
of inspection, repair and maintenance in accordance with the provisions
of this Article;
(i)
For land disturbances meeting Criteria A, the
SWPPP shall be prepared by a Licensed Professional Engineer who must
sign the plan and certify that the design of all stormwater management
practices meet the requirements in this Article.
D.
Other Environmental Permits.
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The applicant shall produce copies of all other
applicable environmental permits that have been or will be acquired
for the land development activity and any approval issued by the Town
shall be subject to the issuance and production of such permits.
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E.
Contractor Certification.
(1)
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice design or installation shall sign and date a copy of the
following certification statement before undertaking any land development
activity:
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"I certify under penalty of law that I understand
and agree to comply with the terms and conditions of the Stormwater
Pollution Prevention Plan. I also understand that it is unlawful for
any person to cause or contribute to a violation of water quality
standards."
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(2)
The certification must include the name and title
of the person signing the document, address and telephone number of
the contracting firm; the address (or other identifying description)
of the site; any other information required by the Town and the date
the certification is made.
All land development activities shall meet the
following performance and design criteria:
A.
Technical Standards. For the purpose of this Article,
the following documents shall serve as the official guides and specifications
for stormwater management:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the Design Manual).
(2)
New York Standards and Specifications for Erosion
and Sediment Control, (Empire State Chapter of the Soil and Water
Conservation Society, 2004, most current version or its successor,
hereafter referred to as the Erosion Control Manual).
(3)
The Town of Huntington, Huntington Town Planning Board
"Erosion and Sediment Control Handbook" or as amended.
(4)
The Town of Huntington, Huntington Town Planning Board
"Subdivision Regulations and Site Improvement Specifications" or as
amended.
B.
Water Quality Standards
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Any land development activity shall not cause
an increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of Huntington or the State
of New York.
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A.
The applicant or developer or their representative
shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which
are installed or used to achieve compliance with the provisions of
this Article. Sediment shall be removed from sediment traps or sediment
ponds whenever their design capacity has been reduced by fifty (50)
percent.
B.
For land development activities meeting Special Criteria
A, B or C in § 175-28(C), a qualified professional shall
conduct site inspections and document the effectiveness of all erosion
and sediment control practices every seven (7) days and within twenty-four
(24) hours of any storm event producing 0.5 inches of precipitation
or more. Inspection reports shall be maintained in a site log book
and made available upon request of the SMO or any officer of the Town
of Huntington authorized to enforce the Code of the Town of Huntington.
Failure to maintain a site log book or make the log book available
upon request shall be deemed a violation.
A.
Maintenance after Construction.
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The owner or operator of property where stormwater
management systems are installed in accordance with this Article shall
ensure they are operated and maintained to achieve the goals of this
Article. Proper operation and maintenance shall include at a minimum,
the following:
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(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
or person in charge of property to achieve the goals of this Article.
(2)
Written procedures for operation and maintenance of
the stormwater management systems and the training new maintenance
personnel.
(3)
Discharges from the SMPs shall not exceed design criteria
or cause or contribute to water quality standard violations in accordance
with § 170-32(B).
B.
Covenants and Restrictions; Required.
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Prior to the issuance of a Certificate of Occupancy
or Certificate of Permitted Use for properties which are required
to have a stormwater management system in place, the owner shall execute
Covenants and Restrictions that shall be binding on all subsequent
landowners served by the stormwater management system.
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(1)
The covenant shall provide for access to the system
at reasonable times for periodic inspection by the SMO or his designee
to ensure that the system is maintained in proper working order and
to ensure that it meets design standards and complies with all the
provisions of this Article.
(2)
The covenants and restrictions shall also provide
for the long term maintenance and continuation of stormwater control
measures approved by the SMO for the particular project.
(3)
The Town of Huntington, in lieu of executing a Covenant
and Restriction providing for long term maintenance, at its sole discretion
may accept dedication of any existing or future stormwater management
system, provided such system meets all the requirements of this Article
and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.
(4)
The applicant shall submit the required Covenants
and Restrictions to the Town Attorney for approval as to form and
content. Upon the required approval of the Town Attorney, the applicant
shall record the document in the Office of the Suffolk County Clerk
at his or her own cost and expense and provide the Town Attorney and
the Department of Engineering Services with a copy of the recorded
instrument and evidence that same has been approved by the Town Attorney
before a Certificate of Occupancy or Certificate of Permitted Use
will be issued or released.
All applicants are required to submit "as built"
plans for any stormwater management practices (SMPs) located on-site
after final construction is completed. The plan must show the final
design specifications for all stormwater management systems and any
other detail required by the Town and must be certified by a professional
engineer or Certified Professional in Erosion and Sediment Control
(CPESC).
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No subdivision or site plan shall be approved
by the Planning Board unless:
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A Stormwater Pollution Prevention Plan (SWPPP)
consistent with the requirements of this Article has been submitted
by the applicant and approved by the Planning Board. The approved
subdivision plat or site plan shall be consistent with the provisions
of this Article.
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Every building permit application for the development
of a one or two family residence shall include a Stormwater Pollution
Prevention Plan (SWPPP) that meets the requirements of this Article.
No building permit shall be issued until the required plan is submitted
and approved by the Department of Engineering Services, and no Certificate
of Occupancy or Certificate of Permitted Use shall be issued or released
until a SWPPP is in place.
A.
Erosion and Sediment Control Inspection.
(1)
The Stormwater Management Officer shall require such
inspections as he deems necessary to determine compliance with the
provisions of this Article, and may either approve that portion of
the work completed, or notify the applicant where the work fails to
comply with the requirements of this Article or the Stormwater Pollution
Prevention Plan (SWPPP) as approved.
(2)
The applicant, owner or developer shall notify the
SMO or his designee to schedule an inspection at least forty-eight
(48) hours before each of the following is accomplished:
(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
(h)
Successful establishment of landscaping in public
areas.
(3)
In the event violations are found, the SMO or his
designee shall notify the applicant or developer in writing of the
nature of the violation and the required corrective actions. No further
work shall be conducted except for site stabilization, if necessary,
until all violations are corrected and all work previously completed
has received approval by the Stormwater Management Officer or other
authorized Town official. Failure to take the required corrective
action or to stop work shall be deemed a violation of this Article.
B.
Inspection of Stormwater Facilities After Project
Completion.
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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 as well as
material or water left in drainage control facilities; and evaluating
the condition of drainage control facilities and other stormwater
management practices.
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C.
Submission of Reports.
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The Stormwater Management Officer may require
monitoring and reporting from the property owner, person in charge
or in possession of the property as are necessary to determine compliance
with this Article.
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D.
Right-of-Entry for Inspection.
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When any new stormwater management system is
installed on private property or when any new connection is made to
the public storm water system, the owner, person in charge or in possession
of the property shall grant the Stormwater Management Officer the
right to enter the property at reasonable times and in a reasonable
manner for the purpose of inspection for compliance with this Article.
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E.
Certificate of Occupancy and Certificate of Permitted
Use.
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If any building or land development activity
is conducted in violation of this Article the Stormwater Management
Officer may prevent the occupancy of said building or land until there
is compliance with the provisions of this Article.
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F.
Restoration of Lands.
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Any violator may be required to restore land
to its undisturbed condition including adjoining properties, utilities
and both subsurface and surface water-ways. In the event that restoration
is not undertaken within a reasonable time after notice, the Town
of Huntington shall take necessary corrective action, the cost of
which shall become a lien upon the property and collected in the same
manner as real property taxes.
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Any person undertaking land development activities
regulated by this Article shall pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed
by Town of Huntington or performed by a third party for the Town of
Huntington, as the case may be. Such fees and charges shall be established
by the Town Board.
A.
Construction Completion Guarantee.
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In order to ensure the full and faithful completion
of all land development activities and other performance requirements
established by the Town as a condition of approval of the Stormwater
Pollution Prevention Plan, the Town shall 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 Huntington as the beneficiary. The
security shall be in an amount to be determined by the Town of Huntington
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 Huntington, 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 Huntington.
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B.
Maintenance Guarantee.
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Where stormwater management and erosion and
sediment control systems are to be operated and maintained by the
developer or by a person who owns or manages a commercial or industrial
system, the developer or other such person, prior to construction,
shall be required to provide the Town of Huntington 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 systems both during and after construction, and
until the systems are removed from operation. If the developer or
landowner fails to properly operate and maintain stormwater management
and erosion and sediment control systems, the Town of Huntington may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs, and all other related
costs and expenses.
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All property owners, persons in charge or in
possession of property subject to the provisions of this Article shall
maintain full, true and complete records demonstrating compliance
with this Article.
A.
Notice of Violation.
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When the Town of Huntington determines that
a land development activity is in violation of the provisions of this
Article, he shall serve a written notice of such violation upon the
property owner, person in charge or in possession of the property.
The Notice of Violation shall contain:
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(1)
The name and address of the landowner, person in charge
or in possession of the property to whom the notice is directed;
(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;
B.
Stop Work Orders.
(1)
In addition to any other penalty which may be imposed,
the SMO or his designee 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 SMO or his designee 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 by this Article.
(2)
The stop work order shall be in writing and shall
state the conditions under which the work may be resumed. The violator
shall be provided with a copy of the stop work order by delivering
same to him or her in person, or to their agent or person in charge
of the property or work; or by posting the stop-work order in a conspicuous
place on the property. In all instances a copy of the stop-work order
shall be mailed by the Department to the violator or to the property
owner by certified mail to the last known address.
(3)
It shall be unlawful for any person to remove, alter,
obscure, deface, change or otherwise tamper with any portion of a
stop-work order that has been issued by the Town. The property owner
and/or violator shall be strictly liable for a violation of this section.
In addition to any other penalty provided for herein, the building
permit may be revoked by the SMO or Director of Engineering Services.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
For each violation of the provisions of this Article, including but
not limited to violations of a directive of the SMO or his designee,
the property owner, person in charge or in possession of or operator
of the premises where such violation has been committed or exists
shall have committed an offense and, and upon conviction thereof,
shall be subject to a fine of not less than five hundred ($500) dollars
nor more than five thousand ($5,000) dollars for a first offense;
upon conviction of a second offense committed within five (5) years
of the first offense, shall be subject to a fine of not less than
one thousand ($1,000) dollars nor more than ten thousand ($10,000)
dollars; and upon conviction of a third or subsequent offense committed
within five (5) years of the first offense shall be guilty of a misdemeanor
punishable by a fine of not less than one thousand five hundred ($1,500)
dollars nor more than fifteen thousand ($15,000) dollars or imprisonment
not to exceed six (6) months, or both. Each day, or part thereof,
such violation continues following notification by the Town or service
of a notice of violation returnable before the Bureau of Administrative
Adjudication, appearance ticket or summons shall constitute a separate
offense punishable in like manner.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B)
Any person or entity found by the Bureau of Administrative Adjudication
to have violated the provisions of this Article shall likewise be
subject to a monetary penalty within the range of fines authorized
in subdivision (A) for a first offense, subsequent offenses and continuing
offenses, respectively.
(C)
In addition to the criminal and civil penalties set forth above or
in other applicable law, rule or regulation, the Town Attorney is
authorized to pursue civil and equitable relief in the name of the
Town in a court of competent jurisdiction, including but not limited
to compensatory actions; civil penalties in the amount of up to two
hundred and fifty ($250) dollars per day, or any part thereof; an
action to compel compliance with or to restrain by injunction the
violation of this Article; and other remedies which in the opinion
of the Town Attorney may seem necessary and proper. Any civil monetary
penalty awarded may be added to the tax bill of the property where
the violation has occurred and shall be collected in the same manner.
(D)
In any civil or equitable action or proceeding commenced in the name
of the Town of Huntington for violations of this chapter, if the Town
is successful in its action or proceeding, it can expect attorney
fees to be paid in addition to other civil penalties.
(E)
The remedies provided for in this Article are not exclusive of any
other remedies available under applicable federal, state or local
law.
