It is hereby determined that:
A. Development of real property 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 waterborne pollutants, including more silt in 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. Improper clearing of vegetation
and burial of vegetative and other wastes can result in unstable soil
conditions and the production of noxious gases through decomposition
of said wastes;
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
base flow;
F. Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
G. Stormwater runoff, soil erosion and non-point-source
pollution can be controlled and minimized through the regulation of
stormwater runoff from development activities;
H. The regulation of stormwater runoff discharges from
real property activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and non-point-source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety; and
I. Regulation of 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.
The purpose of this article is to establish
minimum stormwater management requirements and controls to protect
and safeguard the general health, safety and welfare of the public
residing within this jurisdiction and to address the findings of fact
above. This article seeks to meet those purposes by achieving the
following objectives:
A. Meet the requirements of Minimum Measures 4 (construction
runoff) and 5 (post-construction maintenance) of the SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
B. Require work on real property to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities, GP-02-01, or as amended or revised;
C. Minimize increases in stormwater runoff from activities
on real property in order to reduce flooding, silt, increases in stream
temperature and stream bank erosion and maintain the integrity of
stream channels;
D. Minimize or decrease pollution caused by stormwater
runoff from activities on real property which would otherwise degrade
local water quality;
E. Minimize or decrease the total annual volume of stormwater
runoff which flows from any specific site during and following development
to the maximum extent practicable;
F. Reduce or decrease stormwater runoff rates and volumes,
soil erosion and non-point-source pollution, wherever possible, through
stormwater management practices, and to ensure that these management
practices are properly maintained, and eliminate threats to public
safety. Specific consideration of stormwater runoff shall be provided
to critical watersheds; and
G. Eliminate unstable soil conditions and the production
of noxious gases which result from improper stormwater practices,
improper grading practices, improper clearing of vegetation and the
burial of vegetative and other wastes.
[Amended 4-20-2023 by L.L. No. 4-2023]
The terms used in this article or in documents prepared or reviewed under this article shall have the meaning as set forth in this section. If a term is not defined in this section, then the definition provided in Article
II shall apply. Any conflict between a definition provided in Article
II and this article shall be resolved in favor of the definition provided below.
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation or the
construction of new structures associated with agricultural activities.
BUILDING
Any structure, either temporary or permanent, having walls
and a roof, designed for the sheltering of any person, animal or property,
and occupying more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEC
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, as
amended. This manual serves as the official guide for stormwater management
principles, methods and practices.
EROSION CONTROL MANUAL
The New York Standards and Specifications for Erosion and
Sediment Control Manual, as amended. This is commonly known as the
"Blue Book."
IMPERVIOUS COVER
Surfaces, improvements and structures that cannot effectively
be infiltrated by rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
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.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
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."
LAND DEVELOPMENT ACTIVITY
An activity, including clearing, grading, excavating, soil
disturbance or placement of fill, that results in land disturbance
equal to or greater than one acre or an activity 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.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land or any other person holding
proprietary rights in the land.
MAINTENANCE AGREEMENT
A document which provides for long-term maintenance of stormwater
management practices. It is anticipated this document will be recorded
in the Albany County Clerk's office and will act as a property
deed restriction or encumbrance.
NON-POINT-SOURCE POLLUTION
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.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or silt) 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.
PROJECT
Any construction or development activity upon real property.
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs or habitats for threatened,
endangered or special concern species.
SMP
See "stormwater management practices."
SPDES
The New York State Pollutant Discharge Elimination System.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER HOT SPOT
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.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the Commissioner of
the Department of Public Works or the Town Board to accept and review
stormwater pollution prevention plans, forward the plans to the applicable
Town board or department, inspect stormwater management practices,
and enforce this article.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point-source or non-point-source pollution
inputs to stormwater runoff and water bodies.
SURFACE WATERS OF THE STATE OF NEW YORK
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 man-made 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.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Amended 4-20-2023 by L.L. No. 4-2023]
A. This article shall be applicable to all real property within the
Town of Colonie.
B. All land development activities subject to subdivision and/or site
plan review and approval under the Colonie Land Use Law regulations
shall be reviewed subject to the standards contained in this article.
In this instance, the SWPPP shall be submitted along with subdivision
and site plan applications.
C. All land development activities not subject to subdivision and/or
site plan review that are over an acre of disturbance shall be required
to submit a SWPPP to the Stormwater Management Office, who shall review
the SWPPP for compliance with the requirements of this article.
D. All land development activities in which there is an increase in
impermeable ground cover shall be required to submit plans to the
Stormwater Management Office for review.
[Amended 4-20-2023 by L.L. No. 4-2023]
The following activities are exempt from the permit requirements
under this article. However, even those projects which are exempt
from the permit requirements must meet the standards set forth in
this article.
A. "Agricultural activity" as defined in this article.
B. 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 stormwater management facility.
C. Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
E. Installation of fence, sign, telephone and electric poles and other
kinds of posts or poles.
F. Emergency activities immediately necessary to protect life, property
or natural resources.
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. Landscaping and horticultural activities in connection with an existing
structure that does not change the drainage patterns.
I. Creation or restoration of wetlands pursuant to a state or federal
wetlands permit.
J. Creation, restoration or preservation of pine bush habitat by the
Albany Pine Bush Preserve Commission.
[Amended 4-20-2023 by L.L. No. 4-2023]
A. Stormwater pollution prevention plan requirement. No approval of
a land development activity shall be issued until a stormwater pollution
prevention plan (SWPPP) has been accepted in accordance with the specifications
in this article. A grading permit shall not be issued until the SWPPP
is approved in writing by the Town of Colonie.
B. Erosion and sediment control plan. All SWPPPs shall, at a minimum,
have an erosion and sediment control plan that provides control measures
to minimize the discharge of pollutants and prevent a violation of
water quality standards. Erosion and sediment control plans shall
meet the requirements of the New York State Standards and Specifications
for Erosion and Sediment Control and the Town of Colonie highway and
drainage standards.
(1) Development within impaired watersheds or where a five-acre-variance
request is submitted to DEC may require additional data.
C. Post-construction stormwater runoff control. In addition to the erosion
and sediment control plan, land development activities meeting any
of the three conditions below shall also be required to provide a
report as to water quantity and water quality controls (post-construction
stormwater runoff controls):
(1) Stormwater runoff from project activity disturbing between one and
five acres of land during the course of the project, exclusive of
the construction of single-family residences and construction activities
at agricultural properties;
(2) Stormwater runoff from land development activities disturbing five
or more acres; or
(3) Stormwater runoff from land development activities discharging a
pollutant of concern to either an impaired water identified on the
New York State Department of Environmental Conservation'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.
(4) The additional report to be provided for post-construction stormwater
controls shall be provided with the SWPPP application and shall include:
(a)
Description of each post-construction stormwater management
practice;
(b)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(c)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(d)
Comparison of post-development stormwater runoff conditions
with predevelopment conditions;
(e)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
(f)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(g)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property;
(h)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §
190-80 of this article.
(i)
If the land development activity meets either of the conditions described in §
190-78C(2) or
(3) above (activity disturbs five acres or more, or runoff discharges a pollutant of concern to either an impaired water or a TMDL-designated watershed), then the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this article.
Every soil disturbance shall meet the criteria
set forth in the New York Standards for Erosion and Sediment Control
[aka "the Blue Book," see Subsection A(1) below]. Also, all land development
activities shall be subject to all of 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. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this article:
(1) 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" or the "Blue
Book").
(2) 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").
(3) The Town of Colonie Standard Format for Stormwater
Management Plans and Reports.
|
Note: The New York State technical guidance
documents may be ordered from the DEC. An order form as well as downloadable
versions of the manuals are available on the Internet at:
http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html;
and
http://www.dec.state.ny.us/website/dow/toolbox/swmanual/.
|
B. Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in the Design Manual [see Subsection
A(1) above], and the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist or professional engineer.
C. Water quality standards. 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 the state
of New York.
D. Permitting process; additional standards.
(1) Applications shall be made on forms prescribed by
the Town therefor, which shall be accompanied by the required fee,
if any, established by the Town Board.
(2) The Stormwater Management Officer shall review the
application and act to approve, approve with modification or deny
the requested SWPPP.
(3) In the event that the submittal is denied, the applicant
may have the decision reviewed by the Planning Board.
(4) The smallest practical area of land shall be exposed
at any one time during the project.
(5) When land is exposed during development, the exposure
shall be kept to the shortest practical period of time.
(6) To protect areas in excess of one acre exposed for
a period over two weeks during development, the following controls
shall be applied:
(a)
Temporary vegetation, mulch, geo-textiles, and/or
emulsion shall be provided as needed to prevent soil erosion. Application
of these materials shall be by approved equipment.
(b)
On areas that will be exposed for short periods
of time (daily) where weather conditions are conducive to airborne
soil particles, a construction fence shall be installed, as directed
by the SMO.
(c)
On areas such as temporary roadways, when dry
conditions prevail, the contractor shall be required to apply water
or take other measures as required to prevent dust during daily construction
activities.
(7) Sediment basins, debris basins, silting basins, silt
fencing or silt traps shall be installed and maintained to remove
sediment from runoff waters on lands undergoing development.
(8) Permanent final vegetation and structures shall be
installed as soon as practical in the development.
(9) The development plan should be fitted to the type
of topography and soils so as to create the least erosion potentials.
(10)
Wherever feasible, natural vegetation should
be retained and protected.
(11)
In areas of proposed fill, all existing vegetation
and other organic material, including the root mat, shall be removed
prior to placement of fill. The material shall be disposed of in an
appropriate off-site facility or processed for reuse on site in a
manner that will not be conducive to adverse effects of decomposition,
such as the production of odors or of concentrations of noxious or
explosive gases or the creation of unstable subsurface conditions.
The proposed method of on-site processing and reuse shall be specified
in the permit application and may require certification by a licensed
professional engineer as a safe and effective means of disposal.
(12)
No vegetation or other waste materials shall
be buried on the site.
(13)
All fill placed on the site shall be as free
of organic material as is practicable.
E. Deposit, performance of site work; inspection.
(1) To ensure that the site work is performed in accordance
with the controls of this article, before obtaining approval the applicant
shall deposit with the Comptroller of the Town of Colonie a cash escrow
as set forth in the fee schedule adopted by the Town Board by separate
resolution.
(2) Said site work shall be performed and completed in
accordance with the approved plan and schedule of vegetation removal
and disposal, grading, construction operation and erosion control
methods on file with the Department of Public Works Bureau of Engineering
at the time of issuance of the approval.
(3) Upon completion of the site work set forth in the plan, the applicant will request the Bureau of Engineering to inspect the work; upon approval of the site work, the Bureau will direct the Town Comptroller to release all of the applicant's money deposited pursuant to Subsection
E(1) above.
(4) Upon the failure of the applicant to perform the site work in accordance with the site plan submitted as aforesaid, the Town of Colonie and/or its agents shall be permitted to enter upon the premises and complete the necessary site work and charge the cost of the site work to the funds on deposit with the Town Comptroller pursuant to Subsection
E(1) above, and the Town Comptroller shall be authorized to pay any charge or charges approved by the Bureau of Engineering without further approval of the applicant. If the Town should undertake completion of any site work upon the applicant's failure to do so, any sums remaining on deposit with the Town Comptroller after completion of said site work shall be returned to the applicant.
[Amended 4-7-2011 by L.L. No. 16-2011]
A. Inspection.
(1) In addition to the DEC inspections required to be performed by the
applicant, the Town of Colonie Commissioner of Public Works or his
or her designees 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 stormwater
pollution prevention plan (SWPPP) as approved. To obtain inspections,
the applicant shall notify the Town of Colonie enforcement official
at least 48 hours before any of the following as required by the Commissioner
of Public Works or his or her designees:
(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.
(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 on the site,
including on structures located thereon, except for site stabilization
until any violations are corrected and all work previously completed
has received approval by the Commissioner of Public Works or his or
her designees.
B. Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including but
not limited to routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher than typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher than usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
C. Submission of reports and record plans. The Town of Colonie Commissioner
of Public Works or his or her designees may require monitoring and
reporting from entities subject to this article as are necessary to
determine compliance with this article. All applicants are required
to submit record 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 licensed professional.
D. Right of entry for inspection. When any new stormwater management
facility is installed on private property or when any new connection
is made between private property and the public stormwater system,
the landowner shall grant to the Town of Colonie the right to enter
the property at reasonable times and in a reasonable manner for the
purpose of inspection.
E. 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 Colonie in
its approval of the stormwater pollution prevention plan, the Town
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 Colonie as the beneficiary.
The security shall be in an amount to be determined by the Town 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 Colonie,
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. Per-annum interest on
cash escrow deposits shall be reinvested in the account until the
surety is released from liability.
F. 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 Colonie with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Colonie may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
G. Recordkeeping. The Town of Colonie may require entities subject to
this article to maintain records demonstrating compliance with this
portion of the Town of Colonie Land Use Law.
H. Notice of violation. When the Town of Colonie determines that a project
is not being carried out in accordance with the requirements of this
article, it may issue a written notice of violation to the landowner
and also, if necessary, to the developer, the builder, the subcontractor
or anyone else responsible for the work being performed. 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 project
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; and
(6) A statement that the determination of violation may be appealed to
the Town by filing a written notice of appeal within 15 days of service
of the notice of violation.
I. Stop-work orders. The Town of Colonie may issue a stop-work order
for violations of this article. Persons receiving a stop-work order
shall be required to halt all work of any nature on the site, including
on any structures located thereon, 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 Colonie confirms that the project
is in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result
in civil, criminal or monetary penalties in accordance with the enforcement
measures authorized in this article.
J. Violations. Any land development activity that is commenced or is
conducted contrary to this article may be restrained by injunction
or otherwise abated in a manner provided by law.
K. Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this article
shall be guilty of a violation punishable by a fine not exceeding
$5,000 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 $10,000 or imprisonment
for a period not to exceed six months, or both; and upon conviction
for a third or subsequent offense all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $15,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this article
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.
L. Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
article, the Commissioner of Public Works or his or her designees
may prevent the occupancy of said building or land.
M. Restoration of lands. Any violator may be required to restore and
repair any damage resulting from noncompliance with the regulations
herein. In the event that restoration or repair is not undertaken
within a reasonable time after notice, the Town of Colonie may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
The Town of Colonie may require any person undertaking
activities regulated by this article to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections or SMP maintenance performed
by Town personnel or performed by a third party for the Town of Colonie.