[HISTORY: Adopted by the Town Board of the
Town of Aurora 12-10-2007 by L.L. No. 6-2007. Amendments noted where
applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 5.
Building permits — See Ch. 44.
Fire Prevention and building construction — See Ch. 65.
Flood damage prevention — See Ch. 68.
Ponds — See Ch. 87.
Sewers — See Ch. 93.
Site plan review — See Ch. 95.
Subdivision of land — See Ch. 99.
Water — See Ch. 113.
Zoning — See Ch. 116.
A.
Findings. It is hereby determined that:
(1)
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.
(2)
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitats
for fish and other desirable species.
(3)
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitats.
(4)
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation.
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow.
(6)
Substantial economic losses can result from these
adverse impacts on the waters of the Town.
(7)
Stormwater runoff, soil erosion and non-point-source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
(8)
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 non-point-source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety.
(9)
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.
B.
Purpose. 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 § 97-1A of this chapter. This chapter seeks to meet those
purposes by achieving the following objectives:
(1)
Meet the requirements of Minimum Measures 4 and 5
of the New York State Department of Environmental Conservation 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.
(2)
Require land development 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, Permit No. GP-02-01, or
as amended or revised.
(3)
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.
(4)
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality.
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable.
(6)
Reduce stormwater runoff rates and volumes, soil erosion
and non-point-source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and eliminate threats to public safety.
As used in this chapter, the following terms
shall have the meanings indicated:
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 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 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 Code of the Town of Aurora, Erie County, New York.
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 (New
York State Department of Environmental Conservation), most recent
version or its successor, including applicable updates, which serves
as the official guide for stormwater management principles, methods
and practices.
A person who undertakes land development activities.
The 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, 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 (SPDES) permit
issued to a commercial industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution-control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as “hydrophytic vegetation.”
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale disturbing one acre or more in the aggregate,
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 person or entity licensed to practice their profession
in New York State.
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.
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 Town of Aurora, Erie County, New
York.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special-concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or 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.
An employee or officer of the Town of Aurora designated by
the Town Board to accept and review Stormwater pollution prevention
plans (SWPPPs), forward the plans to such employee, officer or board
of the Town of Aurora which may be reviewing any application for a
construction activity requiring submission of a SWPPP, 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 non-point-source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons, which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to 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 Town Board of the Town of Aurora, Erie County, New York.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Applicability. This chapter shall be applicable to
all land development activities within the Town of Aurora.
B.
Exemptions. The following activities shall be exempt
from review under this chapter:
(1)
Agricultural activity.
(2)
Silvicultural activity, except that landing areas
and log haul roads are subject to this chapter.
(3)
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
(4)
Repairs to any stormwater management practice or facility
deemed necessary by the SMO.
(5)
Any part of a subdivision if a plat for the subdivision
has been approved by the Town of Aurora on or before the effective
date of this chapter.
(6)
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
(7)
Cemetery graves.
(8)
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
(9)
Emergency activity immediately necessary to protect
life, property or natural resources.
(10)
Activities of an individual engaging in home gardening
by growing flowers, vegetables or other plants primarily for use by
that person and his or her family.
(11)
Landscaping and horticultural activities in connection
with an existing structure.
C.
Conflict. Where the conditions imposed by any provisions
of this chapter are either more-restrictive or less-restrictive than
comparable conditions imposed by any other applicable law, ordinance,
resolution, rule or regulation of any kind, the regulations which
are more-restrictive and impose higher standards or requirements shall
govern.
A.
The Town of Aurora shall designate an SMO, who shall
accept and review all SWPPPs. The SMO may:
(1)
Review the SWPPPs;
(2)
Upon approval by the Town Board, engage the services
of a registered professional engineer to review the SWPPPs, specifications
and related documents at a cost not to exceed a fee schedule established
by the Town Board; or
(3)
Accept the certification of a licensed professional
that the SWPPPs conform to the requirements of this chapter.
B.
For all land development activities subject to review
and approval by the Building Inspector, Planning Board, or Town Board
of the Town of Aurora under development permit, mobile home park,
subdivision, site plan, or special permit regulations, the applicant
or developer shall be required to submit a SWPPP that complies with
the requirements of this chapter to the SMO, and the land development
activity shall be reviewed subject to the standards contained in this
chapter.
(1)
Review by SMO. Within 45 days of receipt of a SWPPP,
the SMO shall forward the SWPPP, together with his or her written
recommendation to approve, approve with modifications, or disapprove
the SWPPP, to such employee, officer, or board of the Town of Aurora
which is reviewing an application for approval of a land development
activity requiring submission of a SWPPP. A recommendation of approval
shall only be given if the SWPPP complies with the requirements of
this chapter. In making a recommendation to approve with modifications
or disapprove the SWPPP, the SMO shall state the reasons for the decision
in writing.
(2)
Review by final reviewing body. The employee, officer
or board of the Town of Aurora reviewing the application for approval
of a land development activity shall review the SWPPP and recommendation
of the SMO and shall act to approve, approve with modifications, or
disapprove the SWPPP. Such reviewing body shall not act to approve
the SWPPP unless it complies with the requirements of this chapter.
If the reviewing body acts to approve with modifications or disapprove
the SWPPP, the reasons for the decision shall be stated in writing.
In order to be approved, the applicant shall revise a SWPPP that has
been approved with modifications or disapproved in accordance with
the recommendations of the reviewing body and shall submit the revised
SWPPP to such body for review.
C.
For all land development activities not subject to review by the Building Inspector, Planning Board, or Town Board of the Town of Aurora as stated in § 96-4B of this chapter, the applicant or developer shall be required to submit a SWPPP prepared in accordance with the standards contained in this chapter to the SMO. Within 45 days of receipt of a SWPPP, the SMO shall approve, approve with modifications, or disapprove the SWPPP. Approval shall only be given if the SWPPP complies with the requirements of this chapter. In approving with modifications or disapproving the SWPPP, the SMO shall state the reasons for the decision in writing. In order to be approved, an applicant shall revise a SWPPP that has been approved with modifications or disapproved in accordance with the recommendations of the SMO and shall submit the revised SWPPP to the SMO for review.
A.
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall be
reviewed until the SMO or such employee, officer or board of the Town
of Aurora which may be reviewing any application for approval of a
land development activity requiring submission of a SWPPP has received
a 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 the location, type and size of the project.
(b)
A site map/construction drawing(s) for the project,
including a general location map. The site map should be at a scale
of no smaller than one inch to 100 feet. 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 land development activity; existing
and final slopes; locations of off-site material, waste, borrow or
equipment storage areas; and the location(s) of the stormwater discharge(s).
(c)
A description of the soil(s) present at the
site.
(d)
A 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 Erosion Control Manual, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
(e)
A 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)
A 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)
An 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)
A maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practice.
(m)
The name(s) of the receiving water(s).
(n)
A delineation of SWPPP implementation responsibilities
for each part of the site.
(o)
A 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 (post-construction stormwater runoff controls) as set forth in § 96-5B(3) of this chapter, as applicable.
(a)
Condition A: stormwater runoff from land development
activity 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
activity disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development
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.
(3)
SWPPP requirements for Condition A, B or C (post-construction
stormwater runoff controls):
(b)
A description of each post-construction stormwater
management practice.
(c)
A site map/construction drawing(s) showing the
specific location(s) and size(s) of each post-construction stormwater
management practice.
(d)
A hydrologic and hydraulic analysis for all
structural components of the stormwater management system for the
applicable design storms.
(e)
A 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)
A 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)
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 96-7 of this chapter.
(j)
The SWPPP shall be prepared by a landscape architect,
licensed 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 activity prior to approval of
the final stormwater design plan. Any notice of intent (NOI) submitted
to the Department pursuant to the SPDES General Permit for Construction
Activities GP-02-01 shall be submitted to the SMO concurrently therewith.
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 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; the 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 be included with
and 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 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 purposes 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.
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 § 96-6A of this chapter and the SWPPP shall be prepared by a licensed professional.
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.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development
activity or their representative shall at all times properly operate
and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used 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 activities meeting Condition A, B or C in § 96-5B(2) of this chapter, the applicant shall have a qualified professional 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 inch of precipitation or more. Inspection reports shall be maintained in a 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 Aurora 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 Aurora.
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 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 operation and maintenance and
training new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 96-6 of this chapter.
(4)
Maintenance agreements. The Town of Aurora 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 final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Appendix A of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Aurora, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided that 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: Appendix A is included at the end of this chapter.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The 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
SWPPP as approved. To obtain inspections, the applicant shall notify
the SMO at least 48 hours before any of the following, as required
by the SMO:
[1]
Start of construction.
[2]
Installation of sediment and erosion control
measures.
[3]
Completion of site clearing.
[4]
Completion of rough grading.
[5]
Completion of final grading.
[6]
Close of the construction season.
[7]
Completion of final landscaping.
[8]
Successful establishment of landscaping in public
areas.
(b)
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.
(2)
Stormwater management practice inspections. The SMO
is responsible for conducting inspections of SMPs. All applicants
are required to submit as-built plans for any SMPs 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.
(3)
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.
(4)
Submission of reports. The SMO may require monitoring
and reporting from entities subject to this chapter as are necessary
to determine compliance with this chapter.
(5)
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 storm water system, the landowner shall grant to the Town of Aurora the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 96-8A(3) of this chapter.
B.
Performance guaranty.
(1)
Construction completion guaranty. 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
Aurora in its approval of the SWPPP, the Town of Aurora 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 Aurora as the beneficiary. The
security shall be in an amount to be determined by the Town of Aurora
based on submission of final design plans, with reference to actual
construction and landscaping costs. The performance guaranty shall
remain in force until the surety is released from liability by the
Town of Aurora, provided that such period shall not be less than one
year from the date of final acceptance or such other certification
that the facility(ies) have been constructed in accordance with the
approved plans and specifications and that a one-year inspection has
been conducted and the facilities have been found to be acceptable
to the Town of Aurora. Per-annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
(2)
Maintenance guaranty. 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 Aurora 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 Aurora may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
(3)
Recordkeeping. The Town of Aurora may require entities
subject to this chapter to maintain records demonstrating compliance
with this chapter.
C.
Enforcement and penalties.
(1)
Notice of violation. When the Town of Aurora 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:
(a)
The name and address of the landowner, developer
or applicant;
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
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; and
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed.
(2)
Stop-work orders. The Town of Aurora 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 Aurora
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.
(3)
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.
(4)
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 of 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 of 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.
(5)
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the SMO may prevent the occupancy of said building
or land.
(6)
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 Aurora may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
D.
Fees for services. The Town of Aurora 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 Aurora
or performed by a third party for the Town of Aurora.