A.
Erosion and sediment control inspection. The Stormwater
Management Officer may require such inspections as necessary to determine
compliance with this chapter and may either approve that portion of
the work completed or notify the applicant wherein the work fails
to comply with the requirements of this chapter and the stormwater
pollution prevention plan (SWPPP) as approved. To obtain inspections,
the applicant shall notify the Stormwater Management Officer at least
48 hours before any of the following, as required by the Stormwater
Management Officer:
(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)
Interruption of construction for more than five consecutive
days.
(7)
Completion of final landscaping.
(8)
Successful establishment of landscaping in public
areas.
If any violations are found, the applicant and
developer shall be notified in writing of the nature of the violation
and required corrective actions. No further work shall be conducted
except for site stabilization until violations are corrected and all
work previously completed has received approval by the Stormwater
Management Officer.
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B.
Stormwater management practice inspections. The Stormwater
Management Officer is responsible for conducting inspections of stormwater
management practices (SMPs). All applicants are required to submit
as-built plans for any stormwater management practices located on
site after final construction is completed. The plan must show the
final design specifications for all stormwater management facilities
and must be certified by a licensed professional engineer.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher than
usual discharges of contaminants or pollutants or with discharges
of a type that are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include,
but are not limited to, reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water
in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater management practices.
D.
Submission of reports. The Stormwater Management Officer
shall require monitoring and reporting from entities subject to this
chapter as are necessary to determine compliance with this chapter.
E.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the Stormwater Management Officer shall have the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Village
of Rye Brook in its approval of a stormwater pollution prevention
plan, the Village may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow, or irrevocable
letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names
the Village of Rye Brook as the beneficiary. The security shall be
in an amount to be determined by the Village based on submission of
final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Village, provided that such release
shall not be available until one year after the last to occur of:
1) the date of final acceptance or such other certification that the
facility or facilities have been constructed in accordance with the
approved plans and specifications; and 2) the completed facilities
have been inspected and found to be acceptable to the Stormwater Management
Officer. Per-annum interest, if any, on cash escrow deposits shall
be reinvested in the account until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Village of Rye Brook 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, upon written
notice to the developer or landowner, may draw upon the account to
cover the costs of proper operation and maintenance, including engineering
and inspection costs.
C.
Recordkeeping. The Village of Rye Brook may require
entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
A.
Notice of violation. When the Village of Rye Brook
determines that a land development activity is not being carried out
in accordance with the requirements of this chapter, it may issue
a written notice of violation to the landowner. The notice of violation
shall contain:
(1)
The name and address of the landowner, developer or
applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to
bring the land development activity into compliance with this chapter
and a deadline for their completion;
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed;
(6)
A statement that the determination of violation may
be appealed to the municipality by filing a written notice of appeal
within 15 days of service of notice of violation.
B.
Stop-work orders. The Village of Rye Brook may issue a stop-work order for violations of this chapter in conformance with Chapter 214[1] of the Village Code. 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 Stormwater
Management Officer confirms that the land development activity is
in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result
in civil, criminal, or monetary penalties in accordance with the enforcement
measures authorized in this chapter.
C.
Violations. Any land development activity that is
commenced or is conducted contrary to this chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
D.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this chapter shall be guilty of a violation punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both for conviction for a first offense; for conviction
for 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 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 day's continued violation shall constitute
a separate violation.
E.
Withholding a certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Stormwater Management Officer may prohibit the
occupancy of said building or land.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Village
of Rye Brook may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
The Village of Rye Brook 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 or performed
by a third party for the Village.
A.
Severability. 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.
B.
Effective date. This chapter shall be effective upon
filing with the office of the Secretary of State.