A.
Erosion and sediment control inspection.
(1)
The Town of Manchester Stormwater Management Officer
may require such inspections necessary to determine compliance with this chapter
and may either approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this chapter and
the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections,
the applicant shall notify the Town of Manchester enforcement official at
least 48 hours before any of the following as required by the Stormwater Management
Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion off 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 any violations are corrected and all work previously completed has received
approval by the Stormwater Management Officer.
B.
Stormwater management practice inspections. The Town
of Manchester Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants are
required to submit "as built" plans for any stormwater management practices
located on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities and
must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project completion.
(1)
Inspection programs shall be established on any reasonable
basis, including but not limited to, routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher than usual discharges of contaminants
or pollutants or with discharges of a type which are more likely than the
typical discharge to cause violations of state or federal water or sediment
quality standards or the SPDES stormwater permit; and joint inspections with
other agencies inspecting under environmental or safety laws.
(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 stormwater management practices.
D.
Submission of reports. The Town of Manchester Stormwater
Management Officer 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 storm water system, the landowner shall grant to the Town of Manchester the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities related
to compliance with all conditions set forth by the Town of Manchester in its
approval of the stormwater pollution prevention plan, the Town of Manchester
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 of Manchester as the beneficiary. The security
shall be in an amount to be determined by the Town of Manchester in conjunction
with its consulting engineer 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
of Manchester, 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)
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 of Manchester. Per annum interest
on cash escrow deposits shall be reinvested in the account until the surety
is released from liability.
B.
Maintenance guarantee. Where stormwater management and
erosion and sediment control facilities are to be operated and maintained
by the developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be required
to provide the Town of Manchester 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 of Manchester
may draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The Town of Manchester may require entities
subject to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the Town of Manchester determines
that a land development activity is not being carried out in accordance with
the requirements of this chapter, it may issue a written notice of violation
to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address when available or a description of the building,
structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring
the land development activity into compliance with this chapter and a 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 municipality by filing a written notice of appeal within 15
days of service of notice of violation.
B.
Stop-work orders.
(1)
The Town of Manchester may issue a stop-work order for
violations of this chapter.
(2)
Persons receiving a stop work order shall be required
to halt all land development activities, except those activities that address
the violations leading to the stop work order. The stop work order shall be
in effect until the Town of Manchester confirms that the land development
activity is in compliance and the violation has been satisfactorily addressed.
Failure to address a stop work order in a timely manner may result in civil,
criminal, or monetary penalties in accordance with the enforcement measures
authorized in this chapter.
A.
If no other penalty for violation of any part of this
chapter or orders issued in compliance with this chapter is provided otherwise
by law, a person violating such part of this chapter or such orders shall
be punishable by a fine of $250 or imprisonment not to exceed 15 days, or
both, and each day such violation continues shall constitute a separate violation,
carrying with it a fine of $50 for each additional day the violation continues.
B.
Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction or otherwise
abated in a manner provided by law. An action or proceeding in the name of
the Town of Manchester may be commenced in any court of competent jurisdiction
to compel compliance with or to restrain violation of this chapter
or orders issued in compliance with this chapter.
C.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation of this
chapter the Stormwater Management Officer may prevent the occupancy of said
building or land.
D.
Restoration of lands. Any violator may be required to
restore land to its undisturbed condition. In the event that restoration is
not undertaken within a reasonable time after notice, the Town of Manchester
may take necessary corrective action, the cost of which shall become a lien
upon the property until paid.
The Town of Manchester may require any person undertaking land development
activities regulated by this chapter to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed by the
Town of Manchester or performed by a third party for the Town of Manchester.