A.
The applicant or developer of the land development
activity shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) that
are installed or used by the applicant or developer to achieve compliance
with the conditions of this chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
B.
The applicant or developer or their representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices. Inspection reports shall be
completed every seven days and within 24 hours of any storm event
producing 0.5 inch of precipitation or more. The reports shall be
delivered to the Town of Southeast Building Department and also copied
to the site log book.
Prior to the issuance of any approval that has
a stormwater management facility, the applicant or developer must
execute a maintenance easement agreement that shall be binding on
all subsequent landowners served by the stormwater management facility.
The easement shall be in a form acceptable to the Town Attorney and
shall provide for access to the facility at reasonable times for periodic
inspection by the Town of Southeast to ensure that the facility is
maintained in proper working condition to meet design standards and
any other provisions established by this chapter. The easement shall
be recorded by the grantor in the office of the County Clerk after
approval by the Town Attorney for the Town of Southeast.
The applicant shall submit a plan for ownership,
construction, operation and maintenance of stormwater facilities.
This plan shall provide for the inspection, operation and maintenance
of each and every component of such facilities and shall specify the
methods and procedures to be used to provide and ensure the funds
required for such inspection, operation and maintenance and who will
be responsible therefor. A four-year performance guaranty shall be
provided for the entire stormwater management system by the developer
to cover any modifications, corrections, or material failures. In
addition, the developer shall fund or otherwise guarantee an inspection
and maintenance program for a period of no less than 10 years. The
Town may require the creation of a stormwater drainage special district
to collect revenue and to fund inspection, operation and maintenance
of such facilities under the coordination of the Town Engineer and/or
Highway Superintendent.
A.
The Town of Southeast may require inspections as necessary
to determine compliance with this chapter at various stages in construction
to examine erosion and sediment controls and SMPs. Inspections may
be conducted by the Building Department, the Highway Superintendent,
or the Town Engineer. The person conducting inspections may either
approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this chapter
and the erosion and sediment control plan and/or stormwater pollution
prevention plan (SWPPP) as approved.
(1)
To obtain inspections, the applicant shall notify
the relevant Town of Southeast enforcement official at least 48 hours
before any of the following, as required by the Building Department
or the Town Engineer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control
measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Installation of SMPs.
(f)
Completion of final grading.
(g)
Close of the construction season.
(h)
Completion of final landscaping.
(i)
Successful establishment of landscaping in public
areas.
(2)
If any violations are found, the applicant and developer
shall be notified, in writing, of the nature of the violation and
the required corrective actions. No further work shall be conducted
except for site stabilization until any violations are corrected and
all work previously completed has received approval by the Building
Department or the Town Engineer.
B.
The Building Department is responsible for conducting
inspections of stormwater management practices (SMPs) or delegating
such inspections to the Town Engineer. All applicants are required
to submit as-built plans for any stormwater management practices located
on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
C.
Inspection programs shall be established on any reasonable
basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include but are
not limited to reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
D.
The Building Department or the Town Engineer may require
monitoring and reporting from entities subject to this chapter as
are necessary to determine compliance with this chapter.
E.
When any new stormwater management facility is installed
on private property or when any new connection is made between private
property and the public stormwater system, the landowner shall grant
to the Town of Southeast the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection.
F.
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 Southeast in its approval of the
erosion and sediment control plan and/or stormwater pollution prevention
plan, the Town of Southeast 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 that guarantees satisfactory completion of the project
and names the Town of Southeast as the beneficiary. The security shall
be in an amount to be determined by the Town of Southeast based on
submission of final design plans, with reference to actual construction
and landscaping costs. The performance guaranty shall remain in force
until the surety is released from liability by the Town of Southeast,
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 Southeast. Per-annum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
G.
The Town of Southeast may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
When the Town of Southeast determines that a land
development activity is not being carried out in accordance with the
requirements of this chapter, it may issue a written notice of violation
to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or
applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to
bring the land development activity into compliance with this chapter
and a time schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed; and
(6)
A statement that the determination of violation may
be appealed to the Municipality by filing a written notice of appeal
within 15 days of service of the notice of violation.
B.
The Town of Southeast may issue a stop-work order
for violations of this chapter. Persons receiving a stop-work order
shall be required to halt all land development activities except those
activities that address the violations leading to the stop-work order.
The stop-work order shall be in effect until the Town of Southeast
confirms that the land development activity is in compliance and the
violation has been satisfactorily addressed. Failure to address a
stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this chapter.
C.
Any land development activity that is commenced or
is conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
In addition to, or as an alternative to, any penalty
provided herein or by law, any person who violates the provisions
of this chapter shall be guilty of a violation, punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors; and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
E.
If any building or land development activity is installed
or conducted in violation of this chapter, the Town of Southeast may
prevent the occupancy of said building or land.
F.
Any violator may be required to restore land to its
undisturbed condition. In the event that restoration is not undertaken
within a reasonable time after notice, the Town of Southeast may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
