[HISTORY: Adopted by the Town Board of the Town of Guilderland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials emergency response plan — See Ch. 42.
Fire prevention and building construction — See Ch. 171.
Flood damage prevention — See Ch. 177.
Freshwater wetlands — See Ch. 181.
Sewers — See Ch. 225.
Subdivision of land — See Ch. 247.
Water — See Ch. 272.
[Adopted 10-16-2007 by L.L. No. 1-2007]
The purpose of this article of the Town Code is to provide for the health, safety, and general welfare of the citizens of the Town through the regulation of nonstormwater discharges, hereinafter defined, to the MS4 to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4, hereinafter defined, in order to comply with requirements of the SPDES, hereinafter defined, general permit for MS4s. The objectives of this article are:
A. 
To meet the requirements of the SPDES general permit for stormwater discharges from MS4s, Permit No. GP-02-02 or as amended or revised;
B. 
To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;
C. 
To prohibit illicit connections, hereinafter defined, activities and discharges to the MS4;
D. 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article; and
E. 
To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater (as hereinafter defined), grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is stated in a definition applicable to only a portion of this article, the following terms will have meanings set forth below:
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01, as amended or revised, a copy of which is annexed hereto as Appendix A.[1] These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
DEC
The New York State Department of Environmental Conservation.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to:
A. 
Any conveyances which allow any nonstormwater discharge, including treated or untreated sewage, process wastewater, and wash water, to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
B. 
Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 241-5 of this article.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains:
A. 
Owned or operated by the Town;
B. 
Designed or used for collecting or conveying stormwater;
C. 
Which is not a combined sewer; and
D. 
Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
PERSON
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
A. 
Discharge compliance with water quality standards: the condition that applies where the Town has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the Town must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
B. 
303(d)-listed waters: the condition in the Town's MS4 permit that applies where the MS4 discharges to a surface water listed in Section 303(d) of the Clean Water Act as amended by the Water Quality Act of 1987, Public Law 100-4. Under this condition the stormwater management program must ensure no increase of the listed pollutants of concern to the 303(d)-listed water.
C. 
Total maximum daily load (TMDL) strategy:
(1) 
The condition in the Town's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a water body or watershed into which the MS4 discharges.
(2) 
The condition in the Town's MS4 permit that applies if a TMDL is approved in the future by the EPA for any water body or watershed into which an MS4 discharges. Under this condition the Town must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the Town must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
SPDES
State Pollutant Discharge Elimination System.
SPDES STORMWATER DISCHARGE PERMIT
A permit issued by the DEC that authorizes the discharge of pollutants to waters of the state.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the Town Engineer or other public official(s) designated by the Town to enforce this article. The SMO may also be designated by the Town to accept and review stormwater pollution prevention plans, forward the plans to the applicable Town board and inspect stormwater management practices.
303(d) LIST
A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the DEC as required by Section 303(d) of the Clean Water Act as amended by the Water Quality Act of 1987, Public Law 100-4. Section 303(d)-listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
TOWN
The Town of Guilderland.
WASTEWATER
Water that is not stormwater and which is contaminated with pollutants and is or will be discarded.
[1]
Editor's Note: Appendix A is on file in the Town offices.
This article shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
The SMO shall administer, implement, and enforce the provisions of this article. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the SMO as may be authorized by the Town.
A. 
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1) 
The following discharges are exempt from discharge prohibitions established by this article, unless the DEC or the Town has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
(2) 
Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.
(3) 
Dye testing in compliance with applicable state and local laws is an allowable discharge but requires a verbal notification to the SMO prior to the time of the test.
(4) 
The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the DEC, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.
B. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
(2) 
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) 
A person is considered to be in violation of this article if the person connects a line conveying sewage to the Town's MS4 or allows such a connection to continue.
A. 
Activities that are subject to the requirements of this section are those types of activities that:
(1) 
Cause or contribute to a violation of the Town's MS4 SPDES permit.
(2) 
Cause or contribute to the Town being subject to the special conditions, as defined in § 241-2, Definitions, of this article.
B. 
Such activities include improper management of pet waste or any other activity that causes or contributes to violations of the Town's MS4 SPDES permit authorization.
C. 
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the Town's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Town's MS4 SPDES permit authorization.
Best management practices. Where the SMO has identified illicit discharges, as defined in § 241-2 of this article, or activities contaminating stormwater, as defined in § 241-6 of this article, the Town may require implementation of BMPs to control those illicit discharges and activities.
A. 
The owner or operator of a commercial or industrial establishment shall provide, at his own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.
B. 
Any person responsible for a property or premises which is, or may be, the source of an illicit discharge, as defined in § 241-2 of this article, or an activity contaminating stormwater, as defined in § 241-6 of this article, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
C. 
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
A. 
The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of a person, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to any person.
B. 
Suspension due to the detection of illicit discharge. Any person discharging to the Town's MS4 in violation of this article may have its MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the SMO.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Town prior to the allowing of discharges to the MS4.
A. 
Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this article or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises, any condition which constitutes a violation of this article.
B. 
Access to facilities.
(1) 
The SMO shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO.
(2) 
Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this article.
(3) 
The Town shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The Town has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
An unreasonable delay in allowing the Town access to a facility subject to this article is a violation of this article. A person who is the operator of a facility subject to this article commits an offense if the person denies the Town reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.
(6) 
If the SMO has been refused access to any part of the premises from which stormwater is discharged and he/she is able to demonstrate probable cause to believe that there may be a violation of this article or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the Town in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Town within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
A. 
Notice of violation.
(1) 
When the Town's SMO finds that a person has violated a prohibition or failed to meet a requirement of this article, he/she may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
(a) 
The elimination of illicit connections or discharges;
(b) 
That violating discharges, practices, or operations shall cease and desist;
(c) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(d) 
The performance of monitoring, analyses, and reporting;
(e) 
Payment of a fine; and
(f) 
The implementation of source control or treatment BMPs.
(2) 
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
B. 
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine up to $5,000 but not less than $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 up to $10,000 but not less than $500 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 up to $15,000 but not less than $700 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 article 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.
Any person receiving a notice of violation may appeal the determination of the SMO to the Town Board within 15 days of its issuance, which Board shall hear the appeal within 30 days after the filing of the appeal and, within five days of making its decision, file its decision in the office of the Town Clerk and mail a copy of its decision by certified mail to the discharger.
A. 
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within five business days of the decision of the Town authority upholding the decision of the SMO, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
B. 
If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
A. 
Where a person has violated a provision of this article, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Town Attorney and concurrence of the SMO, where:
(1) 
The violation was unintentional;
(2) 
The violator has no history of previous violations of this article;
(3) 
Environmental damage was minimal;
(4) 
The violator acted quickly to remedy the violation; and
(5) 
The violator cooperated in investigation and resolution.
B. 
Alternative remedies may consist of one or more of the following:
(1) 
Attendance at compliance workshops;
(2) 
Storm drain stenciling or storm drain marking; or
(3) 
River, stream or creek cleanup activities.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
[Adopted 10-16-2007 by L.L. No. 2-2007]
It is hereby determined that:
A. 
Development of real property and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition.
B. 
This stormwater runoff contributes to increased quantities of water-borne pollutants, including more silt in aquatic habitat for fish and other desirable species.
C. 
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat. Improper clearing of vegetation and burial of vegetative and other wastes can result in unstable soil conditions and the production of noxious gases through decomposition of said wastes.
D. 
Improper design and construction of SMPs can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation.
E. 
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
F. 
Substantial economic losses can result from these adverse impacts on the waters of the municipality.
G. 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development activities.
H. 
The regulation of stormwater runoff discharges from real property 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.
I. 
Regulation of 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.
The purpose of this article 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 those jurisdictions dependent on our water quality and to address the findings of fact above. This article seeks to meet those purposes by achieving the following objectives:
A. 
Meet the requirements of minimum measures 4 (construction runoff) and 5 (postconstruction maintenance) of the SPDES general permit for stormwater discharges from municipal separate stormwater sewer systems (MS4s) Permit No. GP-02-02 or as amended or revised;
B. 
Require work on real property 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 GP-02-01 or as amended or revised;
C. 
Minimize increases in stormwater runoff from activities on real property in order to reduce flooding, silt, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;
D. 
Minimize or decrease pollution caused by stormwater runoff from activities on real property which would otherwise degrade local water quality;
E. 
Minimize or decrease the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable;
F. 
Reduce or decrease stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through SMPs and to ensure that these management practices are properly maintained and eliminate threats to public safety. Specific consideration of stormwater runoff shall be provided to critical watersheds; and
G. 
Eliminate unstable soil conditions and the production of noxious gases which result from improper stormwater practices, improper grading practices, improper clearing of vegetation and the burial of vegetative and other wastes.
The terms used in this article or in documents prepared or reviewed under this article shall have the meanings as set forth in this section.
AGRICULTURAL ACTIVITY
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.
BUILDING
Any structure, either temporary or permanent, having walls or a roof, designed for the sheltering 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.
CLEARING
Any activity that removes the vegetative surface cover.
DEC
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, as amended. This manual serves as the official guide for stormwater management principles, methods and practices.
EROSION CONTROL MANUAL
The New York Standards and Specifications for Erosion and Sediment Control manual, as amended. This is commonly known as the "Blue Book."
IMPERVIOUS COVER
Surfaces, improvements and structures that cannot effectively be infiltrated by rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
LAND DEVELOPMENT ACTIVITY
An activity, including clearing, grubbing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or an activity disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
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.
MAINTENANCE AGREEMENT
A document which provides for long-term maintenance of SMPs. It is anticipated this document will be recorded in the Albany County Clerk's office and will act as a property deed restriction or encumbrance.
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.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or silt) 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.
PROJECT
Any construction or development activity upon real property.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent sediment from leaving the site.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, or habitats for threatened, endangered or special concern species.
SPDES
The New York State Pollutant Discharge Elimination System.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
An SPDES permit issued to developers of construction activities to regulate disturbance of one or more acres of land, a copy of which is annexed hereto as Appendix A.[1]
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
An SPDES permit 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, a copy of which is annexed hereto as Appendix B.[2]
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT FACILITY
One or a series of SMPs installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT PRACTICES (SMPs)
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.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer designated by the Town Board to accept and review stormwater pollution prevention plans, forward the plans to the applicable Town board or department, inspect SMPs, and enforce this article.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, waterways, 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.
SWPPP
See "stormwater pollution prevention plan."
TOWN
The Town of Guilderland.
TOWN-DESIGNATED ENGINEER (TDE)
Engineering consultants as are determined to be necessary by the respective Town board to enable full performance of that board's duties.
[1]
Editor's Note: Appendix A is on file in the Town offices.
[2]
Editor's Note: Appendix B is on file in the Town offices.
A. 
This article shall be applicable to all real property within the Town.
B. 
All land development activities subject to subdivision, site plan review and/or special use permits shall be reviewed subject to the standards contained in this article. In this instance, the SWPPP shall be submitted along with the subdivision, site plan application and or special use permit.
C. 
All land development activities not subject to subdivision, site plan review and/or a special use permit shall be required to submit an SWPPP to the SMO, who shall review the SWPPP for compliance with the requirements of this article.
Notwithstanding the foregoing, the following activities are exempt from the permit requirements under this article. However, even those projects which are exempt from the permit requirements must meet the standards set forth in this article.
A. 
Agricultural activity as defined in this article.
B. 
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 stormwater management facility.
C. 
Repairs to any SMP or stormwater management facility deemed necessary by the SMO.
D. 
Cemetery graves.
E. 
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
F. 
Emergency activities immediately necessary to protect life, property or natural resources.
G. 
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.
H. 
Landscaping and horticultural activities in connection with an existing structure that do not change the drainage patterns.
I. 
Creation or restoration of wetlands pursuant to a state or federal wetlands permit.
J. 
Creation, restoration, or preservation of pine bush habitat by the Albany Pine Bush Preserve Commission.
A. 
SWPPP requirement. No approval of a land development activity shall be issued until an SWPPP has been accepted in accordance with the specifications in this article. A grading permit shall be issued along with the approved SWPPP.
B. 
Contents of SWPPPs. All SWPPPs shall, at a minimum, have an erosion and sediment control plan which shall provide the following background information and erosion and sediment controls. Development within impaired watersheds or where a five-acre variance request is submitted to the DEC may require additional data.
(1) 
Background information about the scope of the project, including location, type and size of project and preconstruction photographs of the site and immediate downstream conditions in a digital format.
(2) 
Site map/construction drawing(s) for the project, including a general location map. The site map should be at a scale no smaller than one inch equals 100 feet (e.g., one inch equals 500 feet is smaller than one inch equals 100 feet). At a minimum, the site map should show:
(a) 
The total site area;
(b) 
All improvements;
(c) 
Areas of disturbance;
(d) 
Areas that will not be disturbed;
(e) 
Existing vegetation;
(f) 
On-site and adjacent off-site surface water(s);
(g) 
Wetlands and drainage patterns that could be affected by the construction activity;
(h) 
Existing and final slopes;
(i) 
Locations of on-site and off-site material, waste, borrow or equipment storage areas; and
(j) 
Location(s) of the stormwater discharges(s).
(3) 
Description of the soil(s) present at the site.
(4) 
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 and DEC variance approval.
(5) 
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.
(6) 
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.
(7) 
Information regarding the location of disposal of any material to be removed from the site. Off-site disposal areas may not be within regulated wetlands, buffer zones, protected watercourse areas, or other environmentally sensitive areas unless applicable permits are obtained. The proposed method of any on-site processing and reuse of organic materials shall be specified and may require certification by a New York State registered professional engineer or landscape architect as a safe and effective means of disposal.
(8) 
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.
(9) 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
(10) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
(11) 
Temporary practices that will be converted to permanent control measures.
(12) 
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.
(13) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(14) 
Name(s) of the receiving water(s).
(15) 
Delineation of SWPPP implementation responsibilities for each part of the site.
(16) 
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.
(17) 
Any existing data that describes the stormwater runoff at the site.
(18) 
A slope stability analysis, if requested by a Town department or board, where grading is proposed on steep or slippage-prone slopes.
(19) 
A stormwater management report in accordance with the "Standard Format for Stormwater Management Plans and Reports," which is available at the Town Building Department, a copy of which is annexed hereto as Appendix C.[1]
[1]
Editor's Note: Appendix C is on file at the Town offices.
(20) 
A "Stormwater Maintenance Escrow Agreement" if the stormwater facilities are being conveyed to the Town once they are installed and approved, or a "Stormwater Control Facility Maintenance Agreement" if the stormwater facilities will remain privately owned. Either of these agreements can be obtained from the Town, copies of which are annexed hereto as Appendixes D and E.[2]
[2]
Editor's Note: Appendixes D and E are on file at the Town offices.
C. 
Postconstruction stormwater runoff control.
(1) 
In addition to the SWPPP described above, land development activities meeting any of the three conditions below shall also be required to provide a report as to water quantity and water quality controls (postconstruction stormwater runoff controls):
(a) 
Stormwater runoff from project 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; or
(b) 
Stormwater runoff from land development activities disturbing five or more acres at one time; or
(c) 
Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the DEC's list of impaired waters as set forth in Section 303(d) of the Clean Water Act, as amended by the Water Quality Act of 1987, Public Law 100-4, or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(2) 
The additional report to be provided for postconstruction stormwater controls shall be provided with the SWPPP application and shall include:
(a) 
Description of each postconstruction SMP.
(b) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction SMP.
(c) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
(d) 
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.
(e) 
Dimensions, material specifications and installation details for each postconstruction SMP.
(f) 
Maintenance schedule to ensure continuous and effective operation of each postconstruction SMP.
(g) 
Maintenance easements to ensure access to all SMPs 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.
(h) 
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 241-26 of this article.
(i) 
If the land development activity meets either of the conditions described in § 241-24C(1)(b) or (c) above (activity disturbs five acres or more or runoff discharges a pollutant of concern to either an impaired water or a TMDL-designated watershed), then the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all SMPs meet the requirements in this article.
D. 
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
E. 
Contractor certification.
(1) 
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or SMP installation shall sign and date a copy of the following certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(2) 
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(3) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
(4) 
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.
Every soil disturbance shall meet the criteria set forth in the New York Standards for Erosion and Sediment Control, and all land development activities shall be subject to all of the following performance and design criteria:
A. 
Technical standards. For the purpose of this article, the following documents shall serve as the official guides and specifications for stormwater management. SMPs that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article:
(1) 
The Erosion Control Manual;
(2) 
The Design Manual; and
(3) 
The Town Standard Format for Stormwater Management Plans and Reports, a copy of which is annexed hereto as Appendix C.[1]
[1]
Editor's Note: Appendix C is on file in the Town offices.
B. 
Equivalence to technical standards. Where SMPs are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in the Design Manual [see Subsection A(2) above], and the SWPPP shall be prepared by a landscape architect, CPESC, soil scientist or professional engineer.
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.
D. 
Permitting process; additional standards.
(1) 
Applications shall be made on forms prescribed by the Town, which shall be accompanied by the required fee, if any, established by the Town Board.
(2) 
The SMO or other Town designee shall review the application and act to approve, approve with modification, or deny the requested SWPPP.
(3) 
In the event that the submittal is denied, the applicant may have the decision reviewed by the Town Planning Board.
(4) 
The smallest practical area of land shall be exposed at any one time during the project.
(5) 
When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
(6) 
To protect areas in excess of one acre exposed for a period over two weeks during development, the following controls shall be applied:
(a) 
Temporary vegetation, mulch, geotextiles, and/or emulsion shall be provided as needed to prevent soil erosion. Application of these materials shall be by approved equipment;
(b) 
On areas that will be exposed for short periods of time (daily) where weather conditions are conducive to airborne soil particles, a construction fence shall be installed, as directed by the SMO; and
(c) 
On areas such as temporary roadways, when dry conditions prevail, the contractor shall be required to apply water or take other measures as required to prevent dust during daily construction activities.
(7) 
Sediment basins, debris basins, silting basins, silt fencing, or silt traps shall be installed and maintained to remove sediment from runoff waters on lands undergoing development.
(8) 
Permanent final vegetation and structures shall be installed as soon as practical in the development.
(9) 
The development plan should be fitted to the type of topography and soils so as to create the least erosion potentials.
(10) 
Wherever feasible, natural vegetation should be retained and protected.
(11) 
In areas of proposed fill, all existing vegetation and other organic material, including the root mat, shall be removed prior to placement of fill. The material shall be disposed of in an appropriate off-site facility or processed for reuse on site in a manner that will not be conducive to adverse effects of decomposition, such as the production of odors or of concentrations of noxious or explosive gases or the creation of unstable subsurface conditions. The proposed method of on-site processing and reuse shall be specified in the permit application and may require certification by a licensed professional engineer as a safe and effective means of disposal.
(12) 
No vegetation or other waste materials shall be buried on the site unless otherwise approved by the Town in accordance with Chapter 236 of the Town Code.[2]
[2]
Editor's Note: See Ch. 236, Solid Waste.
(13) 
All fill placed on the site shall be as free of organic material as is practicable.
E. 
Deposit; performance of site work; inspection.
(1) 
To ensure that the site work is performed in accordance with the controls of this article, before obtaining approval the applicant shall deposit with the Town a cash escrow as set forth in the fee schedule adopted by the Town Board by separate resolution.
(2) 
Said site work shall be performed and completed in accordance with the approved plan and schedule of vegetation removal and disposal, grading, construction operation and erosion control methods on file with the SMO or other designated party at the time of issuance of the approval.
(3) 
Upon completion of the site work set forth in the plan, the applicant will request the SMO or TDE to inspect the work; upon approval of the site work, the SMO or TDE will direct the Town to release all of the applicant's money deposited pursuant to Subsection E(1) above.
(4) 
Upon the failure of the applicant to perform the site work in accordance with the site plan submitted as aforesaid, the Town and/or its agents shall be permitted to enter upon the premises and complete the necessary site work and charge the cost of the site work to the funds on deposit with the Town pursuant to Subsection E(1) above, and the Town shall be authorized to pay any charge or charges approved by the SMO or TDE without further approval of the applicant. If the Town should undertake completion of any site work upon the applicant's failure to do so, any sums remaining on deposit with the Town after completion of said site work shall be returned to the applicant.
A. 
Maintenance and inspection during construction.
(1) 
The Town, or its designee, shall have the power to make necessary inspections. The Town may employ, at its discretion, a Construction Inspector to act as its agent for the purpose of assuring satisfactory completion of permit requirements. The inspection provided may include, but not necessarily be limited to, all grading, drainage, stormwater management systems and erosion control measures and may include soil testing as necessary to determine compliance with the provisions of this article and the conditions of the approval.
(2) 
The Town, or its designee, will determine an amount sufficient to defray the costs of such inspection. The applicant shall deposit said amount of moneys with the Town in an escrow account prior to the issuance of the approval. The Town shall be authorized to pay the costs of inspection by its Construction Inspector from the moneys on deposit in said account and shall return to the applicant any such moneys, including interest, on balance in the account at the time of completion of the permitted site work, provided that all inspection costs have been paid. If the moneys on deposit prove to be insufficient for the costs of required inspections, the Town shall require that the applicant deposit additional moneys in an amount sufficient to satisfy the costs of such additional inspections as may be required.
(3) 
The applicant or developer of the land development activity or his 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 article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(4) 
For land development activities meeting any of the conditions set forth in § 241-24C(1) above (project activity of between one and five acres of land during course of job, exclusive of one-family residences and construction activities at agricultural properties; stormwater runoff from land development activities disturbing five or more acres; or stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water or a TMDL-designated watershed), 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.
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 to ensure that the stormwater management facility is maintained in proper working condition to meet design standards and any other provisions established by this article. The easement shall be recorded by the grantor in the office of the Albany County Clerk after approval by the Town Attorney.
C. 
Maintenance after construction. The owner or operator of permanent SMPs installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this legislation. 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 article.
(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 the water quality standards set forth in § 241-25C.
D. 
Maintenance agreements. The Town shall approve a formal maintenance agreement for stormwater management facilities which are going to be privately owned after construction. The agreement shall be binding on all subsequent landowners and recorded in the office of the Albany 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 a sample Stormwater Control Facility Maintenance Agreement, a copy of which is annexed hereto as Appendix E.[1] The Town, 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 article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Appendix E is on file in the Town's offices.
A. 
Inspection.
(1) 
In addition to the DEC inspections required to be performed by the applicant, the Town SMO, or the SMO's designee, may require such inspections as necessary to determine compliance with this article 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 article and the SWPPP as approved. To obtain inspections, the applicant shall notify the Town enforcement official at least 24 hours before any of the following or as required by the SMO:
(a) 
Start of construction;
(b) 
Installation of sediment and erosion control measures;
(c) 
Completion of site clearing;
(d) 
Completion of rough grading;
(e) 
Completion of final grading;
(f) 
Close of the construction season;
(g) 
Completion of final landscaping; or
(h) 
Successful establishment of landscaping in public areas.
(2) 
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted on the site, including on structures located thereon, except for site stabilization, until any violations are corrected and all work previously completed has received approval by the SMO.
B. 
Inspection of stormwater facilities after project completion.
(1) 
Inspection programs shall be established on any reasonable basis, including but not limited to:
(a) 
Routine inspections;
(b) 
Random inspections;
(c) 
Inspections based upon complaints or other notice of possible violations;
(d) 
Inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants;
(e) 
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
(f) 
Joint inspections with other agencies inspecting under environmental or safety laws.
(2) 
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 SMPs.
C. 
Submission of reports and records plans. The Town SMO may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article. All applicants are required to submit record 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 licensed professional.
D. 
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
E. 
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the SWPPP, the Town 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 as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) has (have) been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
F. 
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town 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 may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
G. 
Recordkeeping. The Town may require entities subject to this article to maintain records demonstrating compliance with this portion of the Town's local laws and regulations.
H. 
Notice of violation. When the Town determines that a project is not being carried out in accordance with the requirements of this article, it may issue a written notice of violation to the landowner and also, if necessary, to the developer, the builder, the subcontractor or anyone else responsible for the work being performed. 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 project into compliance with this article, 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.
I. 
Stop-work orders. The Town may issue a stop-work order for violations of this article. Persons receiving a stop-work order shall be required to half all work of any nature on the site, including on any structures located thereon, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town confirms that the project 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 article.
J. 
Violations. Any land development activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise abated in a manner provided by law.
K. 
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article law shall be guilty of a violation punishable by a fine up to $5,000 but not less than $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 up to $10,000 but not less than $500 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 up to $15,000 but not less than $700 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 article 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.
L. 
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article, the SMO may prevent the occupancy of said building or land.
M. 
Restoration of lands. Any violator may be required to restore and repair any damage resulting from noncompliance with the regulations herein. In the event that restoration or repair is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
The Town may require any person undertaking activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by Town personnel or performed by a third party for the Town.