[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 3-3-2007 by L.L. No. 2-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Coastal erosion hazard areas — See Ch. 66.
Environmental quality review — See Ch. 75.
Building construction — See Ch. 84.
Flood damage prevention — See Ch. 88.
Freshwater wetlands — See Ch. 91.
Land development — See Ch. 100.
Soil removal — See Ch. 131.
Streets and sidewalks — See Ch. 134.
Subdivision of land — See Ch. 137.
Zoning — See Ch. 161.
[1]
Editor's Note: This local law also repealed
former Ch. 133, Stormwater Management, adopted 7-21-2004 by L.L. No.
1-2004.
A.
It has been determined by the DEC that:
(1)
Projects 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, and/or sediment transport and deposition.
(2)
Stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species.
(3)
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat.
(4)
Improper design and construction of SMPs can increase
the velocity of stormwater runoff thereby increasing streambank erosion
and sedimentation.
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow.
(6)
Substantial economic losses can result from the adverse
impacts on the waters of the state from stormwater runoff.
(7)
Stormwater runoff, soil erosion, and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from projects.
(8)
The regulation of stormwater runoff discharges from
projects in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
(9)
Regulation of projects by means of performance standards
governing stormwater management and site design will produce development
compatible with the natural functions of a particular site or an entire
watershed and thereby mitigate the adverse effects of erosion and
sedimentation from development.
B.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Village and to address DEC's findings of fact in Subsection A of this section. This chapter seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5
of DEC's SPDES General Permit for Stormwater Discharges from MS4s,
Permit No. GP-02-02, as amended and revised;
(2)
Require projects to conform to the substantive requirements
of the DEC's SPDES General Permit for Construction Activities GP-02-01,
as amended and revised;
(3)
Minimize increases in stormwater runoff from projects
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels,
watercourses, and waterways;
(4)
Minimize increases in pollution caused by stormwater
runoff from projects which would otherwise degrade local water quality;
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following projects to
the maximum extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion,
and nonpoint source pollution, wherever possible, through SMPs, devices,
and/or structures, and to ensure that these management practices,
devices, and/or structures are properly maintained and eliminate threats
to public safety.
A.
This chapter shall be applicable to all projects.
B.
The Superintendent shall accept and provide for the
appropriate review and/or certification of all SWPPPs. The Superintendent
may: review the plans, and/or, if the Superintendent deems it reasonable,
appropriate and/or necessary, forward the plans to the Village's consulting
engineers, for their review, the cost of which to be charged to the
applicant; or accept the certification of a licensed/certified professional,
engaged and paid for by the applicant, that the plans conform to the
requirements of this chapter.
C.
All projects subject to review and approval under
subdivision, land development, site plan, and/or special permit regulations
shall be reviewed and approved subject to the standards contained
in this chapter.
A.
The following activities are exempt from review under
this chapter:
(1)
Agricultural activity as defined in this chapter.
(2)
Silvicultural activity, other than landing areas and
log haul roads.
(3)
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity, or original purpose of a facility.
(4)
Repairs to any SMP or facility deemed necessary by
the Superintendent.
(5)
Any part of a subdivision if a final plat for the
subdivision has been approved by the Village on or before the effective
date of this chapter.
(6)
Projects for which a building permit has been approved
on or before the effective date of this chapter.
(7)
Cemetery graves.
(8)
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
(9)
Emergency activity immediately necessary to protect
life, property, or natural resources.
(10)
Activities of an individual engaging in home
gardening by growing flowers, vegetables, and/or other plants primarily
for use by that person and his or her family.
(11)
Landscaping and horticultural activities in
connection with an existing structure.
B.
The inclusion of any activities as exempt in this
section shall not be deemed permission for such activities in a zoning
district for which such activities are not an expressly permitted
use.
Unless otherwise expressly stated, the following
words shall, for the purposes of this chapter, have the meanings herein
indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the construction of new structures associated with agricultural
activities.
A property owner or agent of a property owner who has filed
an application for a project.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
Any activity that removes any vegetative surface cover.
The County Clerk of the County of Nassau, of the State of
New York.
The State Department of Environmental Conservation.
The deliberate appropriation of property by its owner for
general public use.
A person who undertakes projects.
The United States Environmental Protection Agency.
The removal of soil particles by the action of water, wind,
ice, or other geological agents.
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements, and structures that cannot
effectively infiltrate rainfall, snowmelt, and water (e.g., building
rooftops, pavement, sidewalks, driveways, etc.).
The process of percolating stormwater into the subsoil.
The legal and/or beneficial owner of land, including those
holding the right to purchase or lease the land, and any other person
holding proprietary rights in the land.
A person licensed to practice engineering in the state or
certified professional in erosion and sediment control.
A legally recorded document that acts as a property deed
restriction and provides for long-term maintenance of SMPs.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal, and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
The Village Planning Board.
Any of the following which may cause or might reasonably
be expected to cause pollution of the waters of the state in contravention
of the pertinent standards promulgated by the federal government,
the state, the Village, or any other municipality or department thereof,
having legal jurisdiction to impose such standards: dredged spoil;
filter backwash; solid waste; incinerator residue; treated or untreated
sewage, garbage and sewage sludge; munitions; chemical wastes; biological,
radioactive and hazardous materials; heat; wrecked or discarded equipment;
industrial, municipal and agricultural waste; ballast discharged into
water; paints, varnishes and solvents; oil and other automotive fluids;
hazardous and nonhazardous liquid and solid wastes; yard wastes, including
branches, grass clippings and leaves; refuse, rubbish, garbage, litter,
and other discarded or abandoned objects and accumulations so that
same may cause or contribute to pollution; discharges of soaps, detergents
and floatables; pesticides, herbicides and fertilizers; sewage, fecal
coliforms, and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building,
structure or site improvements; cement, rock, gravel, sand, silt,
mud, other soils; and all other noxious or offensive matter of any
kind.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the project.
[Amended 6-17-2008 by L.L. No. 3-2008]
Construction activity, including clearing, grading, excavating,
soil disturbance, or placement of fill, that either:
Results in land disturbance of equal to or greater than 43,560
square feet, or activities disturbing less than 43,560 square feet
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;
and/or
The Superintendent, after consultation with the Village Engineer,
if he or she deems it appropriate or necessary, determines that based
upon the topography, landscaping, existing structures, scope of the
proposed work, adjacent properties, groundwater level, and soil conditions,
it is reasonable to believe that the failure to provide an SWPPP and
to comply with the other provisions of this chapter may cause a significant
adverse impact from stormwater runoff and/or sediment transport and
deposit upon any adjacent properties, public or private, and/or watercourses,
waterways, surface waters, or other wetlands.
"Projects" include both land development and land redevelopment.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Stormwater management practice.
State pollutant discharge elimination system.
Either an SPDES General Permit for Construction Activities
GP-02-01 or an SPDES General Permit for Stormwater Discharges From
Municipal Separate Stormwater Sewer Systems GP-02-02.
An SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
An SPDES permit issued to municipalities to regulate discharges
from municipal separate storm sewers for compliance with EPA- and/or
DEC-established water quality standards and/or to specify stormwater
control standards.
The use of practices that prevent exposed soil from eroding.
New York State.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, drainage, and snowmelt.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources, and the environment.
One or a series of SMPs installed, stabilized, and operating
for the purpose of controlling stormwater runoff.
A measure, either structural or nonstructural, that is determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The Village Superintendent of Public Works or his or her
authorized deputies, agents, or representatives, or such other person
or persons as may, from time to time, be designated by the Mayor or
the Board of Trustees to perform the duties of the Superintendent
pursuant to this chapter.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the state, 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.
Stormwater pollution prevention plan.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial)
are impaired by pollutants, prepared periodically by DEC as required
by Section 303(d) of the federal Clean Water Act. 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.
The maximum amount of a pollutant allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A stream channel that directs surface runoff to a watercourse
or to a public storm drain.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly know as hydrophytic vegetation.
A.
SWPPP requirement. No application for approval of
a project shall be reviewed until the Planning Board or Superintendent
has received a SWPPP prepared in accordance with the specifications
in this chapter.
B.
Contents of SWPPPs.
(1)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(a)
Background information about the scope of the
project, including location, type, and size;
(b)
Site map/construction drawings for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface waters; wetlands and drainage patterns that
could be affected by the construction activity; existing and final
slopes; locations of off-site material, waste, borrow or equipment
storage areas; and locations of the stormwater discharges. The site
map should be at a scale no smaller than one inch equals 100 feet;
(c)
Description of the soils present at the site;
(d)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation, and
any other activity at the site that results in soil disturbance. Consistent
with the “New York Standards and Specifications for Erosion
and Sediment Control” manual, commonly known as the “Blue
Book,” as amended and revised, not more than 43,560 square feet
shall be disturbed at any one time unless pursuant to an approved
SWPPP;
[Amended 6-17-2008 by L.L. No. 3-2008]
(e)
Description of the pollution prevention measures
that will be used to control litter, construction chemicals, and construction
debris from becoming a pollutant source in stormwater runoff;
(f)
Description of construction and waste materials
expected to be stored on-site, with updates as appropriate; and a
description of controls to reduce pollutants from these materials,
including storage practices to minimize exposure of the materials
to stormwater; and spill-prevention and response;
(g)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project from initial land clearing and
grubbing to project close-out;
(h)
A site map/construction drawing specifying the
locations, sizes and lengths of each erosion and sediment control
practice;
(i)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to
permanent control measures;
(k)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place;
(l)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(m)
Names of the receiving waters;
(n)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(o)
Description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable; and
(p)
Any existing data that describes the stormwater
runoff at the site.
(q)
The name, address, telephone and fax numbers,
and email address, if any, of the applicant's representative who will
be in charge of monitoring compliance with this chapter on a daily
basis.
(2)
Projects meeting Condition A or B below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) of this section, to the extent applicable:
(a)
Condition A. Stormwater runoff from projects
discharging a pollutant of concern either to an impaired water identified
on the 303(d) list or in excess of a TMDL to a designated watershed
for which pollutants in stormwater have been identified as a source
of the impairment.
(b)
Condition B. Stormwater runoff from projects
disturbing 43,560 square feet or more.
[Amended 6-17-2008 by L.L. No. 3-2008]
(3)
SWPPP requirements for Conditions A and B, to the
extent applicable:
(b)
Description of each postconstruction SMP;
(c)
Site map/construction drawings showing the specific
locations and sizes of each postconstruction SMP;
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(e)
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions;
(f)
Dimensions, material specifications, and installation
details for each postconstruction SMP;
(g)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction SMP;
(h)
Maintenance easements to ensure access to all
SMPs at the site for the purpose of inspection and repair. Easements
shall be shown on the plan and indicate that they are to run with
the land and be recorded with the county clerk;
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 133-7; and
(j)
For Condition A, the SWPPP shall be prepared
and signed by a licensed/certified professional or landscape architect,
who shall certify that the designs of all of the SMPs meet the requirements
in this chapter.
C.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the project prior to approval of the final stormwater
design plan.
D.
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 project:
|
"I certify under penalty of law that I understand
and agree to comply with the terms and conditions of the SWPPP. 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 statements shall become part of
the SWPPP for the project.
E.
A copy of the SWPPP shall be retained at the site
of the project during construction from the date of initiation of
construction activities to the date of final stabilization.
All projects shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter,
the following documents shall serve as the official guides and specifications
for stormwater management. SMPs that are designed and constructed
in accordance with those technical documents shall be presumed to
meet the standards imposed by this chapter:
(1)
The New York State Stormwater Management Design Manual
(DEC), most current version or its successor, as amended and revised,
including applicable updates, that serves as the official guide for
SMPs, methods, and practices within the state.
(2)
The New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2005) Manual, commonly known as the "Blue Book," most current
version or its successor, as amended and revised.
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 Subsection A of this section and the SWPPP shall be prepared by a licensed/certified professional.
C.
Water quality standards. No project shall cause an
increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the state.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the project or their
representative shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve
compliance with the conditions of this chapter. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
(2)
For projects meeting Condition A or B, the applicant
shall have a licensed/certified 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 inches of precipitation or more. Inspection reports
shall be maintained in an on-site log book.
(3)
The applicant or developer or their representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices.
B.
Maintenance easements. Prior to the issuance of any
approval that has a stormwater management facility, as one of the
requirements, the applicant or developer must execute a maintenance
easement agreement that shall be binding on all subsequent landowners
served by the stormwater management facility. The easement shall provide
for access to the facility at reasonable times for periodic inspection
by the Village to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions
established by this chapter. The easement shall be in a form approved
by counsel for the Village and recorded by the grantor in the office
of the County Clerk. The said easement agreement may be waived by
the Superintendent and/or the Planning Board if the site is being
developed for one or more single-family dwellings, or if otherwise
not necessary or appropriate.
C.
Maintenance after construction.
(1)
The owner or operator of permanent SMPs installed
in accordance with this chapter shall ensure they are operated and
maintained to achieve the goals of this chapter. Proper operation
and maintenance also includes, as a minimum, the following:
(a)
A preventive/corrective maintenance program
for all critical facilities and systems of treatment and control (or
related appurtenances) which are installed or used by the owner or
operator to achieve the goals of this chapter.
(b)
Written procedures for operation and maintenance
and training new owners, operators, and/or maintenance personnel.
(2)
Maintenance agreements. The Village shall approve
a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk as a deed restriction on the property prior to final
plan approval. The maintenance agreement shall be in a form approved
by counsel for the Village and consistent with the most stringent
of the terms and conditions of the most current sample stormwater
control facility maintenance agreement of the state, the County of
Nassau, and the Village. The Village, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this chapter and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance. The said maintenance agreement may be waived
by the Superintendent and/or the Planning Board if the site is being
developed for one or more single-family dwellings, or if otherwise
not necessary or appropriate.
A.
Erosion and sediment control inspection.
(1)
The Superintendent may require such inspections as
necessary to determine compliance with this chapter and may either
approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this chapter
and the SWPPP as approved. To obtain inspections, the applicant shall
notify the Superintendent at least 48 hours before any of the following
as required by the Superintendent:
(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.
(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 except
for site stabilization until all violations are corrected and all
work previously completed has received approval by the Superintendent,
unless such other work is expressly approved by the Superintendent.
B.
SMP inspections. The Superintendent is responsible
for conducting inspections of SMPs. Inspections may be performed by
the Superintendent or the Superintendent may designate a licensed/certified
professional as an inspector, as long as the designated inspector
is required to submit a signed written report to the Superintendent.
All applicants are required to submit "as-built" plans for any SMPs
located onsite 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 which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards
or a SPDES general permit; and joint inspections with other agencies
inspecting under environmental or other 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 SMPs.
D.
Submission of reports. The Superintendent may 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 landowner shall grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C of this section.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all projects related to compliance
with all conditions set forth by the Village in its approval of the
SWPPP, the Village may require the applicant or developer to provide,
prior to construction, a cash escrow or a performance bond or irrevocable
letter of credit from a financial or surety institution authorized
to do business in the state, which guarantees satisfactory completion
of the project and names the Village as the beneficiary, in a form
approved by counsel to the Village. The security shall be in an amount
to be determined by the Village based upon submission of final design
plans, with sufficient relevant information to reasonably estimate
the 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 period shall not be less than one
year from the date of final acceptance or such other certification
that the facilities have been constructed in accordance with the approved
plans and specifications and that an inspection, after said one-year
period, has been conducted and the facilities have been found to be
acceptable to the Village. At the option of the Village, cash deposits
may be deposited in interest-bearing accounts. In the event that the
cash deposit is deposited in an interest-bearing account, the interest
on the cash escrow deposit shall be reinvested in the account and
deemed as an additional escrow deposit until the person for whom the
escrow deposit was made is released from liability or the escrow is
used to complete the project. If the cash deposit in escrow is used
only in part to complete the project upon completion of the project
the balance of the deposit, including the accrued interest, if any,
shall be returned to the depositor.
B.
Maintenance guarantee. When 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 with security in the form of
a cash escrow or a maintenance bond or irrevocable letter of credit
from a financial or surety institution authorized to do business in
the state, naming the Village as the beneficiary, in a form approved
by counsel to the Village, 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. The security shall be in an amount to be determined by
the Village based upon submission of the Village's consulting engineers'
estimate of the reasonable cost of such operation and maintenance
for a period of one year. If the developer or landowner fails to properly
operate and maintain the stormwater management and erosion and sediment
control facilities, the Village may use the security to cover the
costs of proper operation and maintenance, including engineering and
inspection costs. At the option of the Village, cash deposits may
be deposited in interest-bearing accounts. In the event that the cash
deposit is deposited in an interest-bearing account, the interest
on the cash escrow deposit shall be reinvested in the account and
deemed as an additional escrow deposit until the person for whom the
escrow deposit was made is released from liability or the escrow is
used to operate and maintain the stormwater management and erosion
control facilities. If the cash deposit in escrow is used only in
part as of the date that the facilities are removed from operation,
the balance of the deposit, including the accrued interest, if any,
shall be returned to the depositor. In the event that, because of
the failure of the owner or operator to properly operate and maintain
the stormwater management and erosion control facilities, the security
required hereunder is exhausted in whole or in part, the Village may
require an additional or a replacement cash escrow or maintenance
bond or irrevocable letter of credit in the amount of the sum expended.
C.
Recordkeeping. The Village may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the Village determines that
a project is not being carried out in accordance with the requirements
of this chapter, it may issue a written notice of violation to the
landowner, developer, and/or applicant for the project, if any. The
notice of violation shall contain:
(1)
The name and address of the landowner, developer,
and/or applicant, if any;
(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 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; and
(6)
A statement that the determination of violation may
be appealed to the Superintendent by filing a written notice of appeal
within seven days of service of notice of violation.
(7)
If abatement of a violation and/or restoration of
affected premises are 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 may be performed
by the Village and the expense thereof shall be charged to the violator
and, if unpaid within 30 days, become a lien upon the violating premises
and collected in the same manner as Village real property taxes.
B.
Stop-work orders. The Superintendent may issue a stop-work
order for violations of this chapter. Persons receiving a stop-work
order shall be required to halt all projects, except those activities
that address the violations leading to the stop-work order, unless
such other projects are expressly approved to continue by the Superintendent.
The stop-work order shall be in effect until the Village 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, and/or monetary penalties in accordance
with the enforcement measures authorized in this chapter.
C.
Injunctions. Any project 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 for offenses. In addition to any penalty
provided herein or otherwise by law, any person who violates the provisions
of this chapter shall be guilty of a violation punishable by a fine
of not more than $2,000, or imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense; for conviction
of a second offense both of which were committed within a period of
five years, punishable by a fine of not more than $5,000, or imprisonment
for a period not to exceed 15 days, or both; and upon conviction for
a third, or subsequent offense, all of which were committed within
a period of five years, punishable by a fine of not more than $10,000
dollars, or imprisonment for a period not to exceed 15 days, or both.
Each week's continued violation shall constitute a separate additional
violation.
E.
Withholding of certificate of occupancy. If any building
or project is installed or conducted in violation of any provision
of this chapter, the Superintendent may prevent the occupancy of said
building or land and the Village Building Inspector may withhold or
revoke any certificate of occupancy.
F.
Abatement and restoration of lands. Any violator of
any provision of this chapter may be required to abate a violation
and/or restore land to its undisturbed condition. If abatement of
a violation and/or restoration of affected premises are required,
the work may be performed by the Village and the expense thereof shall
be charged to the violator and, if unpaid within 30 days, become a
lien upon the violating premises and collected in the same manner
as Village real property taxes.
Any person receiving a notice of violation may
appeal within seven calendar days of its issuance. The Superintendent
shall hear the appeal within 15 days after the filing of the appeal,
and within five days of making his or her decision, issue a decision
by certified mail to the appellant. The Superintendent may conduct
the hearing and take evidence, or may designate another officer or
employee of the Village to do so.
A.
If a 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 Superintendent,
or in the event that access is permitted to the Superintendent pursuant
to the provisions of this chapter, then the Superintendent may request
the owner's permission to take any and all measures reasonably necessary
to abate the violation and/or restore the premises. In any such case
wherein the Superintendent does take such action, the expense thereof
shall be charged to the violator and, if unpaid within 30 days, become
a lien upon the violating premises and collected in the same manner
as Village real property taxes.
B.
If refused access to the premises, the Superintendent
may seek a warrant in the Village Court or another court of competent
jurisdiction to be authorized to enter upon the premises to determine
whether a violation is occurring or is reasonably likely to occur
if immediate action is not taken. Upon determination that a violation
has occurred or is reasonably likely to occur if immediate action
is not taken, the Village may seek a court order permitting the Village
to take any and all measures reasonably necessary to abate the violation
and/or to prevent the violation from occurring and/or to restore the
premises. The cost of implementing and maintaining such measures shall
be the sole responsibility, jointly and severally, of the landowner,
developer, and applicant, if any. In any such action, the Village
shall be entitled to its legal costs and expenses, including the fees
of attorneys and witnesses, as may be awarded by the Court, and, if
such costs, expenses, and fees are not paid within 30 days of demand,
such costs, expenses, and fees shall become a lien upon the violating
premises and collected in the same manner as Village real property
taxes.
The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state, or local law and it is within the discretion of the Superintendent
and of the Village to seek cumulative remedies.
The Village may require any person undertaking
projects regulated by this chapter to pay reasonable fees and 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.
