[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg 9-4-2007
by L.L. No. 4-2007. Amendments noted where applicable.]
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 waterborne 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 baseflow;
(6)
Substantial economic losses can result from these adverse
impacts on the waters of the municipality;
(7)
Stormwater runoff, soil erosion and nonpoint 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 nonpoint
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 § 200-1A. This chapter seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5 of
the NYS 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, as amended
or revised;
(2)
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, Permit No. GP-02-01, 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 streambank 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; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater management
practices and ensure that these management practices are properly maintained
and eliminate threats to public safety.
A.
Applicability. This chapter shall be applicable to all land development activities as defined in § 200-3 of this chapter.
B.
Exemptions. The following activities shall be exempt
from review under this chapter:
(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 Stormwater Management Officer;
(5)
Any part of a subdivision if a plat for the subdivision
has been approved by the Village of Hamburg 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 and other plants primarily for use by that
person and his or her family;
(11)
Landscaping and horticultural activities in connection
with an existing structure.
D.
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.
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 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 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 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.
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 designated by the Village Board of Trustees
to accept and review stormwater pollution prevention plans (SWPPPs), forward
the plans to such agency, committee, employee, or board of the Village of
Hamburg which may be reviewing any application for a construction activity
requiring submission of a SWPPP, and inspect stormwater management practices.
The Superintendent of Public Works, or his designee, shall act as the SMO.
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.
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 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.
The municipality shall designate an SMO who shall accept
and review all SWPPPs. The SMO may review the plans; upon approval by the
Village Board of Trustees, 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 the Village Board of Trustees;
or accept the certification of a licensed professional that the plans conform
to the requirements of this chapter.
B.
All land development activities subject to review and
approval by the Planning Commission, Board of Trustees, or Building Inspector
of the Village of Hamburg under site plan, special permit, subdivision and/or
development permit regulations shall be reviewed subject to the standards
contained in this chapter. Within 30 days of receipt of a SWPPP, the SMO shall
forward the SWPPP, together with his or her written recommendation to approve,
conditionally approve, or disapprove the SWPPP, to such agency, committee,
employee, or board of the Village of Hamburg which may be reviewing any application
for a land development activity requiring submission of a SWPPP. Approval
shall only be given if the SWPPP meets the requirements of this chapter. In
making a recommendation to conditionally approve or disapprove the SWPPP,
the SMO shall state the reasons for the decision in writing. In order to be
approved, an applicant must revise a conditionally approved or disapproved
SWPPP in accordance with the recommendations of the SMO and submit the revised
SWPPP to the SMO for review.
C.
Any land development activities not subject to review by the Planning Commission, Board of Trustees or the Building Inspector of the Village of Hamburg, as described in § 200-4B, shall be required to submit a SWPPP to the SMO, unless such activity is specifically exempt pursuant to § 200-2B. Within 30 days of receipt of a SWPPP, the SMO shall approve, conditionally approve, or disapprove the SWPPP. Approval shall only be given if the SWPPP meets the requirements of this chapter. In conditionally approving or disapproving the SWPPP, the SMO shall state the reasons for the decision in writing. In order to be approved, an applicant must revise a conditionally approved or disapproved SWPPP in accordance with the recommendations of the SMO and 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 and the Planning Commission have 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 location, type and size of project;
(b)
Site map/construction drawings 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 waters; 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 locations of the stormwater discharges;
(c)
Description of the soils 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 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 drawings specifying the locations,
sizes and lengths 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)
Names of the receiving waters;
(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 activities as defined in § 200-3 of this article and meeting Condition "A", "B" or "C" below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 200-5B(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 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:
(b)
Description of each postconstruction stormwater management
practice;
(c)
Site map/construction drawings showing the specific locations
and sizes 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;
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 200-7 of this chapter; and
(j)
For Condition A only, 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 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, should
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 statements 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 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:
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 § 200-6A 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 his or her 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 as defined in § 200-3 of this chapter and meeting Condition A, B or C in § 200-5B(2), 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 logbook.
(3)
The applicant or developer or his or her 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 easements. 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 of Hamburg 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 Village of Hamburg.
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.
D.
Maintenance agreements. The Village of Hamburg 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 Schedule A of this chapter entitled "Sample Stormwater Control Facility
Maintenance Agreement."[1] The Village of Hamburg, 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: A copy of the sample stormwater control facility
maintenance agreement is on file in the Village offices.
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; or
[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 stormwater management practices
(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 stormwater system, the landowner shall grant to the Village of Hamburg the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 200-8A(3).
B.
Performance guarantee.
(1)
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 of Hamburg in its
approval of the SWPPP, the Village of Hamburg 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
of Hamburg as the beneficiary. The security shall be in an amount to be determined
by the Village of Hamburg 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
of Hamburg, provided that such period shall not be less than one year from
the date of final acceptance or such other certification that the facilities
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 of Hamburg. Per annum interest
on cash escrow deposits shall be reinvested in the account until the surety
is released from liability.
(2)
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 of Hamburg 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 of Hamburg
may draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
(3)
Recordkeeping. The Village of Hamburg 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 Village of Hamburg 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;
(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;
and
(f)
A statement that the determination of violation may be
appealed to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
(2)
Stop-work orders. The Village of Hamburg 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 Village of Hamburg 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 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.
(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 Village of Hamburg
may take necessary corrective action, the cost of which shall become a lien
upon the property until paid.
D.
Fees for services. The Village of Hamburg 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 Village of Hamburg or performed by a third
party for the Village of Hamburg. The fee shall be set by the Village Board
of Trustees by resolution.