[HISTORY: Adopted by the Board of Trustees
of the Village of Dobbs Ferry 3-27-2007 by L.L. No. 2-2007 (Ch. 263 of the 1984
Code). Amendments noted where applicable.]
It has been determined by the New York State
Department of Environmental Conservation (NYSDEC) that:
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 waterborne 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
base flow;
F.
Substantial economic losses can result from these
adverse impacts on the waters of the state;
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.
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint-source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety; and
I.
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.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the public residing within the Village and to address the state's findings of fact in § 262-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5
of New York State's 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 land development and redevelopment activities
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 land
development and redevelopment activities in order to reduce flooding,
siltation, increases in stream temperature and stream bank erosion,
and maintain the integrity of stream channels, watercourses or waterways;
D.
Minimize increases in pollution caused by stormwater
runoff from land development and redevelopment 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
and redevelopment 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, devices and/or structures, and to ensure that
these management practices, devices and/or structures are properly
maintained and eliminate threats to public safety.
In accordance with Article 10 of the Municipal
Home Rule Law of the State of New York, the Village Board of Trustees
of the Village of Dobbs Ferry has the authority to enact local laws
and amend local laws for the purpose of promoting the health, safety
or general welfare of the Village of Dobbs Ferry and for the protection
and enhancement of its physical environment. The Village Board of
Trustees of the Village of Dobbs Ferry may include in any such local
law provisions for the appointment of any municipal officer, employees
or independent contractor to effectuate, administer and enforce such
local law.
A.
This chapter shall be applicable to all land development and redevelopment activities as defined in § 262-6 herein.
B.
The Village shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention
plans and forward such plans to the Village Board of Trustees. The
Stormwater Management Officer may: 1) review the plans; 2) upon approval
by the Village Board of Trustees of the Village of Dobbs Ferry, engage
the services of a licensed/certified professional to review the plans,
specifications and related documents at a cost not to exceed a fee
schedule established by said governing board; or 3) accept the certification
of a licensed professional that the plans conform to the requirements
of this Code.
C.
All land development or redevelopment activities subject
to review and approval by the Village of Dobbs Ferry Planning Board,
the Village of Dobbs Ferry Zoning Board of Appeals and/or the Village
of Dobbs Ferry Board of Trustees under subdivision, site plan and/or
special permit regulations shall be reviewed subject to the standards
contained in this chapter.
D.
All land development activities not subject to review as stated in § 262-4C of this chapter shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this chapter.
E.
No person shall commence or carry out any development or land-disturbing activity on any lot in the Village of Dobbs Ferry, except those activities exempted in § 262-5 of this chapter below, without first obtaining a stormwater management and erosion and sediment control permit from the Village Clerk upon approval of it by the SMO, and thereafter complying with the requirements of this chapter.
The following activities are exempt from review
under this chapter:
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas
and log haul roads are subject to this chapter.
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 the project.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision
has received final approval by the Village on or before the effective
date of this chapter.
F.
Land development or redevelopment activities for which
a building permit has been approved on or before the effective date
of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone and electric
poles and other kinds of posts or poles.
I.
Emergency activities immediately necessary to protect
life, property or natural resources.
J.
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.
K.
Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meanings as
set forth in this section.
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.
A property owner or agent of a property owner who has filed
an application for a land development or redevelopment activity.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
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 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.
Environmental Protection Agency.
The removal of soil particles by the action of water, wind,
ice or other geological agents.
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, snowmelt 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
equal to or greater than one acre, 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 or redevelopment activities may take place at different
times on different schedules.
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.
A person currently licensed to practice engineering in New
York State or a certified professional in erosion and sediment control
(CPESC).
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
New York State Department of Environmental Conservation.
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.
The Planning Board of the Village of Dobbs Ferry.
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 or redevelopment 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, and 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 and/or NYSDEC
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, subsurface drainage and snowmelt.
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 nonstructural 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 Village Engineer of the Village of Dobbs Ferry (or the
person serving in the capacity of the Village Engineer) or his//her
authorized deputies, agents or representatives, including employees
of other Village departments, as appropriate, or any other duly authorized
individual designated by the Village Board of Trustees. The SMO is
designated by the Village to accept and review stormwater pollution
prevention plans, forward the plans to the applicable municipal board
and inspect stormwater 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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water. (See
also "watercourse," "waterway.")
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.
The Village of Dobbs Ferry, New York.
The Board of Trustees of the Village of Dobbs Ferry, New
York.
The Village Engineer of the Village of Dobbs Ferry, New York.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
(See also "stream channel," "waterway.")
A channel that directs surface runoff to a watercourse or
to the public storm drain. (See also "stream channel," "watercourse.")
The Village of Dobbs Ferry Zoning Board of Appeals, New York.
A.
Stormwater pollution prevention plan requirement. No application for approval of a land development or redevelopment activity as defined herein or site plan approval as defined in §300-52 of the Zoning and Land Use chapter of the Village Code shall be approved until the Planning Board, Zoning Board of Appeals, Village Board of Trustees, or SMO has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter. This shall include applications for site plan approval with clearing, grading, excavating, soil disturbance or placement of fill activities that results in land disturbance less than one acre.
[Amended 7-23-2024 by L.L. No. 2-2024]
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(a)
Background information about the scope of the
project, including location, type and size of project;
(b)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; 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 discharge(s). The
site map should be at a scale no smaller than one inch equals 100
feet;
(c)
Description of the soil(s) present at the site;
(d)
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. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
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;
(f)
Description of construction and waste materials
expected to be stored on site, with updates as appropriate, and a
description of controls to reduce pollutants from these materials
including storage practices to minimize exposure of the materials
to stormwater, and spill prevention and response;
(g)
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 closeout;
(h)
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice;
(i)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to
permanent control measures;
(k)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place;
(l)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(o)
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
(p)
Any existing data that describes the stormwater
runoff at the site.
(2)
Land development or redevelopment activities as defined in § 262-6 of this chapter and meeting Condition A, B, C or D below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 262-7B(3) below, as applicable:
[Amended 7-23-2024 by L.L. No. 2-2024]
(a)
Condition A. Stormwater runoff from land development
or redevelopment activities discharging a pollutant of concern to
either an impaired water identified as part of the Department's list
of impaired waters pursuant to Clean Water Act § 303(d)
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(b)
Condition B. Stormwater runoff from land development
or redevelopment activities disturbing five or more acres.
(c)
Condition C. Stormwater runoff from land development
or redevelopment 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.
(d)
Condition D. This project will result in stormwater runoff from land
development or redevelopment activity disturbing less than one acres
of land that has been identified by the Stormwater Management Officer
as being necessary to include water quantity or quality controls during
the course of the project, even if the project is not increasing impervious
cover.
(3)
SWPPP requirements for Conditions A, B and C:
(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 predevelopment 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)
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;
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 262-9 of this chapter; and
(j)
For Condition A, the SWPPP shall be prepared
by a landscape architect, certified professional 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 chapter.
C.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the land development or redevelopment activity prior
to approval of the final stormwater design plan.
D.
Contractor certification.
(1)
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development or
redevelopment activity: "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."
(2)
The certification must include the name and title
of the person providing the signature; address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
E.
A copy of the SWPPP shall be retained at the site
of the land development or redevelopment activity during construction
from the date of initiation of construction activities to the date
of final stabilization.
All land development or redevelopment activities
shall be subject to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter,
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 chapter:
(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").
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 § 262-8A of this chapter, and the SWPPP shall be prepared by a licensed professional. See Schedule A for acceptable stormwater practices.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Water quality standards. Any land development or redevelopment
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.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development
or redevelopment activity or his 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
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%.
(2)
For land development or redevelopment activities as defined in § 262-6 of this chapter and meeting Condition A, B, C or D in § 262-7B(2) of this chapter, the applicant shall have a qualified professional engineer or certified professional in erosion and sediment control (CPESC) conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book.
[Amended 7-23-2024 by L.L. No. 2-2024]
(3)
The applicant or developer or his 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.
B.
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility as one of the
requirements, 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 provide
for access to the facility at reasonable times for periodic inspection
by the Village 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 Village Clerk and the office of the Westchester
County Clerk after approval by the Village Attorney.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this chapter shall ensure they are operated and maintained to
achieve the goals of this chapter. Proper operation and maintenance
also include, as a minimum, the following:
(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
to achieve the goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Village shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Village Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Village, in lieu of a maintenance agreement, at its
sole discretion, may accept dedication of any existing or future stormwater
management facility, provided such facility meets all the requirements
of this chapter and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
A.
Erosion and sediment control inspection.
(1)
The Village's SMO may require such inspections as
necessary to determine compliance with this chapter 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 chapter
and the stormwater pollution prevention plan (SWPPP) as approved.
To obtain inspections, the applicant shall notify the Village enforcement
official at least 48 hours before any of the following, as required
by the SMO:
(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.
(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 SMO.
B.
Stormwater management practice inspections. The Village's
SMO is responsible for conducting inspections of stormwater management
practices (SWMPs). Inspections may be performed by Village staff or
the Village's SMO may designate an inspector required to have a professional
engineer's (PE) license or certified professional in erosion and sediment
control (CPESC) certificate, as long as the designated inspector is
required to submit a report. All applicants are required to submit
as-built plans for any stormwater management practices located on
site after final construction is completed. The plan must show the
final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on 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 NYSDEC SPDES general stormwater permit; and joint inspections
with other agencies inspecting under environmental or safety laws.
Inspections may include, but are not limited to, reviewing maintenance
and repair records; sampling discharges, surface water, groundwater,
and material or water in drainage control facilities; and evaluating
the condition of drainage control facilities and other stormwater
management practices.
D.
Submission of reports. The Village's SMO may require
monitoring and reporting from entities subject to this chapter as
are necessary to determine compliance with this chapter.
E.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 262-10C.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Village
in its approval of the stormwater pollution prevention plan, the Village
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 Village as the beneficiary.
The security shall be in an amount equal to 20% of the anticipated
cost of the work covered by the permit issued for the project, not
to exceed $5,000, or in an amount to be determined by the Village
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
Village, 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 Village.
Per-annum interest on cash escrow deposits shall be reinvested in
the account until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Village 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 Village may draw
upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The Village may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the Village determines that
a land development or redevelopment 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 or redevelopment 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 Village by filing a written notice of appeal within
15 days of service of notice of violation.
B.
Stop-work orders. The Village 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 or redevelopment
activities, except those activities that address the violations leading
to the stop-work order. The stop-work order shall be in effect until
the Village confirms that the land development or redevelopment activity
is in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result
in civil, criminal or monetary penalties in accordance with the enforcement
measures authorized in this chapter.
C.
Violations. Any land development or redevelopment
activity that is commenced or is conducted contrary to this chapter
may be restrained by injunction or otherwise abated in a manner provided
by law.
D.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this chapter shall be guilty of a violation punishable
by a fine 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.
Withholding
of certificate of occupancy. If any building or land development or
redevelopment activity is installed or conducted in violation of this
chapter, the SMO may prevent the occupancy of said building or land.
F.
Restoration of lands. 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 Village
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
A.
The Village may require any person undertaking land
development or redevelopment activities regulated by this chapter
to pay reasonable costs at prevailing rates for review of SWPPPs,
inspections or SWMP maintenance performed by the Village or performed
by a third party for the Village.
