Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Westerly 8-4-2008 by Ch. No. 1648. Amendments noted where applicable.]
GENERAL REFERENCES
Storm sewers — See Ch. 223.
Zoning — See Ch. 260.
Land development and subdivision regulations — See Ch. A261.
A. 
It is hereby determined that:
(1) 
Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition;
(2) 
This stormwater runoff contributes to increased quantities of waterborne pollutants; and
(3) 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.
B. 
Therefore, the Town of Westerly establishes this set of water quality and quantity policies applicable to all surface waters to provide reasonable guidance for the regulation of stormwater runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of stormwater runoff discharges from land development projects and other construction 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 prevent threats to public health and safety.
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 in watersheds within this jurisdiction. This chapter seeks to meet that purpose through the following objectives:
A. 
Minimize increases in stormwater runoff from any development in order to reduce flooding, siltation, increases in stream temperature and stream bank erosion and maintain the integrity of stream channels
B. 
Minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality.
C. 
Reduce stormwater runoff rates, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety,
A. 
This chapter shall be applicable to all subdivision or site plan applications, unless eligible for an exemption or granted a waiver by the Town Planner under the specifications of § 224-9 of this chapter. The ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans must also be reviewed by local officials to ensure that established water quality standards will be maintained during and after development of the site and that postconstruction runoff levels are consistent with any local and regional watershed plans.
B. 
To prevent the adverse impacts of stormwater runoff, the Town of Westerly has developed a set of performance standards that must be met at new development sites. These standards apply to any construction activity disturbing 10,000 or more square feet of land. The following activities may be exempt from these stormwater performance criteria:
(1) 
Any logging and agricultural activity which is consistent with an approved soil conservation plan or a timber management plan prepared or approved by the Town Council, as applicable.
(2) 
Repairs to any stormwater treatment practice deemed necessary by the Town of Westerly.
(3) 
Construction of or modifications to single-family, two-family and three-family dwellings on preexisting lots that are not part of a subdivision application.
(4) 
Other activities where cumulative soil disturbance will be less than 10,000 square feet in area.
C. 
When a site development plan is submitted that qualifies as a redevelopment project as defined in § 224-7 of this chapter, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current stormwater design manual. This criteria is dependent on the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the Town Planner.
This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards shall be considered to take precedence.
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter.
The Town of Westerly may furnish additional policy, criteria and information, including specifications and standards, for the proper implementation of the requirements of this chapter and may provide such information in the form of a stormwater design manual. This manual will include a list of acceptable stormwater treatment practices, including the specific design criteria and operation and maintenance requirements for each stormwater practice. The manual may be updated and expanded from time to time, at the discretion of the Planning Board, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards.
As used in this chapter, the following terms shall have the meanings indicated:
ACCELERATED EROSION
Erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.
APPLICANT
A property owner or agent of a property owner who has filed an application for a stormwater management permit.
BUILDING
A 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.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DETENTION
The temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
DETENTION FACILITY
A detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
DEVELOPER
A person who undertakes land disturbance activities.
DRAINAGE EASEMENT
A legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
EROSION AND SEDIMENT CONTROL PLAN
A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
HOTSPOT
An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.
HYDROLOGIC SOIL GROUP (HSG)
A Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils which have low permeability rates and produce much more runoff.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT
A National Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
INFILTRATION FACILITY
Any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.
LAND DISTURBANCE ACTIVITY
The grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse.
LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
OFFSET FEE
A monetary compensation paid to a local government for failure to meet pollutant load reduction targets.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Any construction, alteration or improvement exceeding 10,000 square feet in areas where existing land use is high-density commercial, industrial, institutional or multifamily residential.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.
STORMWATER RETROFIT
A stormwater management practice designed for an existing development site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
STORMWATER TREATMENT PRACTICES (STPS)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER MANUAL
The town of westerly shall incorporate the RIDEM Stormwater Design Manual and Installation Manual, latest revision.
WATER QUALITY VOLUME (WQv)
The storage needed to capture and treat 90% of the average annual stormwater runoff volume. Numerically (WQv) will vary as a function of long-term rainfall statistical data.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, that gathers or carries surface water.
A. 
Permit required. No land owner or land operator shall receive any of the building, grading or other land development permits required for land disturbance activities without first meeting the requirements of this chapter prior to commencing the proposed activity.
B. 
Application requirements.
(1) 
Unless specifically excluded by this chapter, any land owner or operator desiring a permit for a land disturbance activity shall submit to the Town Planner a permit application on a form provided for that purpose.
(2) 
Unless otherwise excepted by this chapter, a permit application must be accompanied by the following in order that the permit application be considered: a stormwater management concept plan; a maintenance agreement; and a nonrefundable permit review fee. The stormwater management plan shall be prepared to meet the requirements of § 224-10 of this chapter, the maintenance agreement shall be prepared to meet the requirements of § 224-16 of this chapter, and fees shall be those established by the Town of Westerly.
C. 
Application procedure.
(1) 
Applications for land disturbance activity permits must be filed with the Town Planner on any regular business day.
(2) 
A copy of this permit application shall be forwarded to the Town Engineer for review.
(3) 
Permit applications shall include the following: two copies of the stormwater management concept plan, two copies of the maintenance agreement, and any required review fees.
(4) 
Within 30 business days of the receipt of a complete permit application, including all documents as required by this chapter, the Town of Westerly shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved.
(5) 
If the permit application, stormwater management plan or maintenance agreement are disapproved, the applicant may revise the stormwater management plan or agreement. If additional information is submitted, the Town of Westerly shall have 30 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
(6) 
If the permit application, final stormwater management plan and maintenance agreement are approved by the Town of Westerly, all appropriate land disturbance activity permits shall be issued.
D. 
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Town of Westerly notifies the permit holder that all stormwater management practices have passed the final inspection required under permit conditions, or four years.
A. 
Every applicant shall provide for stormwater management as required by this chapter, unless a written request is filed to waive this requirement. Requests to waive the stormwater management plan requirements shall be submitted to the Town Planner for approval. The minimum requirements for stormwater management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies:
(1) 
It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this chapter.
(2) 
Provisions are made to manage stormwater by an off-site facility. The off-site facility is required to be in place, to be designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance of the stormwater practice.
(3) 
The Town Planner or Town Engineer finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site.
(4) 
Nonstructural practices will be used on the site that shall reduce: the generation of stormwater from the site; the size and cost of stormwater storage; and the pollutants generated at the site. These nonstructural practices are explained in detail in the current design manual and the amount of credit available for using such practices shall be determined by the Town of Westerly.
B. 
In instances where one of the conditions above applies, the Town Planner or Town Engineer may grant a waiver from strict compliance with these stormwater management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a waiver, the applicant must demonstrate to the satisfaction of the Town of Westerly that the waiver will not result in impacts to downstream waterways and shall provide a detailed analysis that would justify issuing a permit.
Unless judged by the Town of Westerly to be exempt or granted a waiver, the following performance criteria shall be addressed for stormwater management at all sites:
A. 
All site designs shall establish stormwater management practices to control the peak flow rates of stormwater discharge associated with specified design storms and reduce the generation of stormwater. The stormwater management practice should conform to RIDEM best management practices.
B. 
All stormwater runoff generated from new development shall not discharge untreated stormwater directly into a jurisdictional wetland or local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the Town of Westerly. In no case shall the impact on functional values be any less than allowed by the Army Corp of Engineers (ACE) or the appropriate state agency (RIDEM or CRMC).
C. 
Annual groundwater recharge rates should be maintained by promoting infiltration through the use of structural and nonstructural methods.
D. 
For new development, structural stormwater treatment practices shall be designed to remove 80% of the average annual postdevelopment total suspended solids load (TSS). As defined by RIDEM BMPs.
E. 
Protect stream channels from degradation, a specific channel protection criteria shall be provided as prescribed in the current stormwater manual.
F. 
Stormwater discharges to critical areas with sensitive resources (i.e., cold-water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices.
G. 
Industrial sites are required to prepare and implement a stormwater pollution prevention plan, and shall file a notice of intent (NOI) under the provisions of the National Pollutant Discharge Elimination System (NPDES) general permit. The stormwater pollution prevention plan requirement applies to both existing and new industrial sites.
H. 
Prior to design, applicants are required to consult with the Town Planner to determine if they are subject to additional stormwater design requirements.
I. 
Calculations for determining peak flows as found in the stormwater design manual shall be used for sizing all stormwater management practices.
A. 
Minimum control requirements. All stormwater management practices will be designed so that the specific storm frequency runoff rates (e.g., water quality, channel protection, ten-year, one-hundred-year) as identified in the current stormwater design manual are met, unless the Town of Westerly grants the applicant a waiver or the applicant is exempt from such requirements. In addition, if hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the Town of Westerly reserves the right to impose any and all additional requirements deemed necessary to control the rate of runoff, soil erosion and sediment discharge to protect and maintain the health and welfare of the community.
B. 
Site design feasibility.
(1) 
Stormwater management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered:
(a) 
Topography.
(b) 
Maximum drainage area.
(c) 
Depth to water table.
(d) 
Soils.
(e) 
Slopes.
(f) 
Terrain.
(g) 
Groundcover.
(h) 
Location in relation to environmentally sensitive features or ultra-urban areas.
(2) 
Applicants shall consult the stormwater design manual for guidance on the factors that determine site design feasibility when selecting a stormwater management practice.
C. 
Conveyance issues.
(1) 
All stormwater management practices shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to:
(a) 
Maximizing of flow paths from inflow points to outflow points.
(b) 
Protection of inlet and outfall structures.
(c) 
Elimination of erosive flow velocities.
(d) 
Providing of under drain systems, where applicable.
(2) 
The stormwater design manual shall provide detailed guidance on the requirements for conveyance for each of the approved stormwater management practices.
D. 
Pretreatment requirements. Every stormwater treatment practice shall have an acceptable form of water quality pretreatment, in accordance with the pretreatment requirements found in the current stormwater design manual.
E. 
Treatment/geometry conditions. All stormwater management practices shall be designed to capture and treat stormwater runoff according to the specifications outlined in the stormwater design manual. These specifications will designate the water quantity and quality treatment criteria that apply to an approved stormwater management practice. Certain stormwater treatment practices, as specified in the stormwater design manual, are prohibited even with pretreatment in the following circumstances:
(1) 
Stormwater is generated from highly contaminated source areas known as "hotspots."
(2) 
Stormwater is carried in a conveyance system that also carries contaminated, non-stormwater discharges.
(3) 
Stormwater is being managed in a designated groundwater recharge area.
(4) 
Certain geologic conditions exist (e.g., karst) that prohibit the proper pretreatment of stormwater.
F. 
Landscaping plans required. All stormwater management practices should have a landscaping plan detailing both the vegetation to be in the practice and how and who will manage and maintain this vegetation. This plan should be prepared by a registered landscape architect.
G. 
Maintenance agreements. All stormwater treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater treatment practices and to perform routine maintenance as necessary to ensure proper functioning of the stormwater treatment practice. In addition, a legally binding covenant specifying the parties responsible for the proper maintenance of all stormwater treatment practices shall be secured prior to issuance of any permits for land disturbance activities.
H. 
Nonstructural stormwater practices. The use of nonstructural stormwater treatment practices is encouraged in order to minimize the reliance on structural practices. Credit in the form of reductions in the amount of stormwater that must be managed can be earned through the use of nonstructural practices that reduce the generation of stormwater from the site. These nonstructural practices are explained in detail in the current stormwater design manual, and applicants wishing to obtain credit for use of nonstructural practices must ensure that these practices are documented and remain unaltered by subsequent property owners.
A. 
Stormwater management plan required for all developments. Unless judged by the Town of Westerly to be exempt or granted a waiver, no application for development will be approved unless it includes a stormwater management plan detailing in concept how runoff and associated water quality impacts resulting from the development will be controlled or managed. This plan must be prepared by an individual approved by the Town of Westerly and must indicate whether stormwater will be managed on site or off site and, if on site, the general location and type of practices. The stormwater management plan(s) shall be referred for comment to all other interested agencies, and any comments must be addressed in a final stormwater management plan. This final plan must be signed by a Rhode Island licensed professional engineer (PE), who will verify that the design of all stormwater management practices meet the submittal requirements outlined in the submittal checklist found in the stormwater design manual. No building, grading, or sediment control permit shall be issued until a satisfactory final stormwater management plan, or a waiver thereof, shall have undergone a review and been approved by the Town of Westerly after determining that the plan or waiver is consistent with the requirements of this chapter.
B. 
Performance bond/security.
(1) 
The Town of Westerly may, at its discretion, require the submittal of a performance security or bond prior to issuance of a permit in order to insure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security shall be the total estimated construction cost of the stormwater management practices approved under the permit, plus 25%. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan.
(2) 
The installation performance security shall be released in full only upon submission of as-built plans and written certification by a Rhode Island registered professional engineer that the stormwater practice has been installed in accordance with the approved plan and other applicable provisions of this chapter. The Town of Westerly will make a final inspection of the stormwater practice to ensure that it is in compliance with the approved plan and the provisions of this chapter. Provisions for a partial pro rata release of the performance security based on the completion of various development stages can be done at the discretion of the Town of Westerly.
A. 
Notice of onstruction commencement. The applicant must notify the Building Inspector and the Town Engineer, in advance, before the commencement of construction. Regular inspections of the stormwater management system construction shall be conducted by the staff of the Town of Westerly and certified by a Rhode Island professional engineer or his/her designee who has been approved by the Planning Board. All inspections shall be documented and written reports prepared that contain the following information:
(1) 
The date and location of the inspection;
(2) 
Whether construction is in compliance with the approved stormwater management plan;
(3) 
Variations from the approved construction specifications;
(4) 
Any violations that exist;
B. 
If any violations are found, the property owner shall be notified in writing of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the Town of Westerly.
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 Rhode Island professional engineer or land surveyor. A final inspection by the Town of Westerly is required before the release of any performance securities can occur.
A. 
Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated within 10 days from the substantial completion of such clearing and construction. The following criteria shall apply to revegetation efforts:
(1) 
Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over 90% of the seeded area.
(2) 
Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
(3) 
Any area of revegetation must exhibit survival of a minimum of 75% of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum 75% survival for one year is achieved.
B. 
In addition to the above requirements, a landscaping plan must be submitted with the final design describing the vegetative stabilization and management techniques to be used at a site after construction is completed. This plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be prepared by a registered landscape architect, engineer or land surveyor and must be approved prior to receiving a permit.
A. 
Maintenance easement. Prior to the issuance of any permit that has a stormwater management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Westerly, or their contractor or agent, and for regular or special assessments of property owners 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 agreement shall be recorded by the Town of Westerly in the land records.
B. 
Maintenance covenants. Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by the Town of Westerly and recorded into the land record prior to final plan approval. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts. The Town of Westerly, in lieu of a maintenance covenant, may accept dedication of any existing or future stormwater management facility for maintenance, 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.
C. 
Requirements for maintenance covenants. All stormwater management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this chapter and accomplishment of its purposes. These needs may include: removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the Town of Westerly, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the stormwater management facility. Inspections shall be completed by the owner at the owner's expense with a report to be submitted to the Town Building Official.
D. 
Inspection of stormwater facilities. Inspection programs may 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 NPDES 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 treatment practices.
E. 
Right-of-entry for inspection. When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall grant to the Town of Westerly the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.
F. 
Records of installation and maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be provided to the Town of Westerly within 10 days of each occurrence.
G. 
Failure to maintain practices. If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the Town of Westerly, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the Town of Westerly shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of that notice, the responsible person shall have 10 days to effect maintenance and repair of the facility in an approved manner. After proper notice, the Town of Westerly may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the Town.
A. 
Violations. Any 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.
B. 
Notice of violation. When the Town of Westerly determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
(1) 
The name and address of the owner 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 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 Town by filing a written notice of appeal within 15 days of service of notice of violation.
C. 
Stop-work orders. Persons receiving a notice of violation will be required to halt all construction activities. This stop-work order will be in effect until the Town of Westerly confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
D. 
Civil 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 punished by a fine of not less than $500. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
E. 
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 Westerly may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
F. 
Holds on occupation permits. Occupation permits will not be granted until corrections to all stormwater practices have been made and accepted by the Town of Westerly.