[HISTORY: Adopted by the Town Board of the Town of Fenton 3-7-2007
by L.L. No. 2-2007. Amendments noted where applicable.]
It is hereby determined 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 water-borne pollutants, including siltation of aquatic habitat for fish
and other desirable species.
C.
Clearing and grading during construction tend 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 municipality.
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 is in the public interest and will minimize threats
to public health and safety.
I.
Regulation of land development activities by means of
performance standards governing stormwater management and site design will
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 this jurisdiction and to address the findings of fact in § 121-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of Minimum Measures 4 and 5 of
the State Pollutant Discharge Elimination System (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 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 GP-02-01, or 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 stream bank 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.
In accordance with § 10 of the Municipal Home Rule Law of
the State of New York, the Town Board of Fenton has the authority to enact
local laws and amend local laws for the purpose of promoting the health, safety
or general welfare of the Town of Fenton and for the protection and enhancement
of its physical environment. The Town Board of Fenton 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
activities as defined in this chapter.
B.
The municipality shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board. The Stormwater Management
Officer may:
(1)
Review the plans;
(2)
Upon approval by the Town Board of the Town of Fenton,
engage the services of a registered professional engineer 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 chapter.
C.
All land development activities subject to review and
approval by the Planning Board, Zoning Board of Appeals or Board of the Town
of Fenton under subdivision, zoning, site plan, and/or special permit regulations
shall be reviewed subject to the standards contained in this chapter.
Exemptions are as follows:
A.
Agricultural activity as defined in this chapter.
B.
Logging activity undertaken pursuant to an approved timber
management plan prepared or approved by the County Soil and Water Conservation
District or the New York State Department of Environmental Conservation, except
that landing areas and log haul roads are subject to this chapter.
C.
Routine maintenance activities that disturb fewer than
five acres and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any pad of a subdivision if a plat for a subdivision
has been approved by the Town of Fenton and construction activities have started
on or before the effective date of this chapter.
F.
Land development 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 activity immediately necessary to protect life,
property or natural resources.
J.
Activities of an individual engaging in home gardening
by growing flowers, vegetable 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:
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 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 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.
A structure which allows the entry of surface runoff into a storm
sewer by connection to the storm sewer.
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.
A permanent stormwater management structure whose primary purpose
is to temporarily store stormwater runoff. A detention structure may be dry
during nonstorm events or may have a permanent pool of water.
The New York State Stormwater 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."
The delivery of a disproportionately large load of pollutants during
the early part of storms due to the rapid runoff of accumulated pollutants.
The first flush is defined as the runoff generated from the first 1/2 inch
of runoff from the entire site from land which has been made less pervious
than the predevelopment conditions though land grading and/or construction/development
activities.
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that prevent the percolation
of water into the soil (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 water 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, 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.
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 legally recorded document that acts as a property deed restriction,
and which provides for long-term maintenance of stormwater management practices.
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.
Developing a parcel of land in distinct pieces or parts, with the
stabilization of each piece completed before the development 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.
A practice designed to store stormwater runoff by collection as a
permanent pool of water without release except by means of evaporation, infiltration,
or attenuated release when runoff volumes exceed the storage capacity of the
pool.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been removed from its site of origin by erosion.
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, critical environmental area designated by the
municipality.
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.
The discharge of water from the surface of land resulting from precipitation
or snow or ice melt, including surface runoff, groundwater flows, percolation
and seepage.
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 operated for the purpose of controlling stormwater runoff.
An employee or officer designated by the municipality 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.
Any activity which removes or significantly disturbs trees, brush,
grass, or any other kind of vegetation.
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.
A natural depression or wide shallow ditch used to route or filter
runoff.
A permanent or intermittent stream or other body of water, either
natural or man-made, which gathers or carries surface water.
A region or area contributing stormwater ultimately to a particular
watercourse or body of water.
A channel that directs surface runoff to a watercourse or to the
public storm drain.
A.
Stormwater pollution prevention plan requirement. No
application for approval of a land development activity shall be reviewed
until the appropriate board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this chapter.
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 discharges(s);
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
close-out.
(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.
(p)
Any existing data that describes the stormwater runoff
at the site.
(2)
Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a)
Condition 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.
(b)
Condition B: Stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: Stormwater runoff from construction activity
disturbing between one acre 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.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
Description of each postconstruction stormwater management
practice.
(c)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction 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 postdevelopment stormwater runoff conditions
with predevelopment conditions.
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(g)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction 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.
C.
Plan certification. The SWPPP shall be prepared by a
New York State licensed landscape architect, certified professional in stormwater
erosion and sediment control or New York State licensed professional engineer
and must be signed by the professional preparing the plan, who shall certify
that the design of all stormwater management practices meet the requirements
in this chapter.
D.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
E.
Contractor certification.
(1)
Each contractor and subcontractor 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 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.
F.
A copy of the SWPPP shall be retained at the site of
the land development activity during construction, from the date of initiation
of construction activities to the date of final stabilization.
All land development 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.
Water quality standards. No land development activity
shall 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 during construction.
(1)
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) 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)
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 Stormwater Management Officer
and also copied to the site log book.
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 Town of Fenton 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 counsel
for the Town of Fenton.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices (SMPs) installed in accordance
with this chapter shall be responsible for the operation and maintenance of
such facilities to achieve the goals of this chapter. Proper operation and
maintenance also includes, 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 training personnel in the operation
and maintenance of the facilities.
D.
Maintenance agreements. The Town of Fenton shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to issuance of any permits from the municipality or the filing of the final subdivision plat. 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 Town of Fenton, 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 Town of Fenton Stormwater Management Officer 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 Town of Fenton enforcement official at least
48 hours before any of the following as required by the Stormwater Management
Officer.
(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 Stormwater Management Officer.
B.
Stormwater management practice inspections. The Town
of Fenton Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). 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 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.
Submission of reports. The Town of Fenton Stormwater
Management Officer may require monitoring and reporting from entities subject
to this chapter as is 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 Town of Fenton the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
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 Town of Fenton in its approval
of the stormwater pollution prevention plan, the Town of Fenton 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 Fenton as the beneficiary. The security shall be in
an amount to be determined by the Town of Fenton 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 Fenton, 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) has (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 Fenton. 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 Town of Fenton 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 Fenton
may draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The Town of Fenton may require entities
subject to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the Town of Fenton 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;
(6)
A statement that the determination of violation may be
appealed to the municipality by filing a written notice of appeal within 15
calendar days of service of notice of violation.
B.
Stop-work orders. The Town of Fenton 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 Fenton 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.
Violations. 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.
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 activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer 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 Town of Fenton may
take necessary corrective action, the cost of which shall become a lien upon
the property until paid.
The Town of Fenton may require any person undertaking land development
activities regulated by this chapter to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed by the
Town of Fenton or performed by a third party for the Town of Fenton.
