A.
Erosion and sediment control inspection. The Stormwater
Management Officer may require such inspections as necessary to determine
compliance with this chapter and may either approve that portion of the work
completed or notify the applicant wherein the work fails to comply with the
requirements of this chapter and the stormwater pollution prevention plan
(SWPPP) as approved. To obtain inspections, the applicant shall notify the
Commissioner of the Department of Public Works or his/her designee at least
48 hours before any of the following as required by the Commissioner:
(1)
Start of construction;
(2)
Installation of sediment and erosion control measures;
(3)
Completion of site clearing;
(4)
Completion of rough grading;
(5)
Completion of final grading;
(6)
Close of the construction season;
(7)
Completion of final landscaping; and
(8)
Successful establishment of landscaping in public areas.
B.
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.
C.
Stormwater management practice inspections. The Stormwater
Management Officer is responsible for conducting inspections of stormwater
management practices (SMPs). All applicants are required to submit as-built
plans for any stormwater management practices located on-site after final
construction is completed. The plan must show the final design specifications
for all stormwater management facilities and must be certified by a professional
engineer.
D.
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 the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but
are not limited to; reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other stormwater
management practices. Inspections may be performed by the Commissioner of
Public Works or his/her designee or by a licensed professional engineer or
certified professional in erosion and sediment control. The designated inspector
is required to submit a report.
E.
Submission of reports. The Stormwater Management Officer
may require monitoring and reporting from entities subject to this chapter
as are necessary to determine compliance with this chapter.
F.
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 Commissioner of the Department of Public Works or his/her designee the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection D, above.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities related
to compliance with all conditions set forth by the Common Council, Planning
Board or Zoning Board of Appeals in its approval of the relevant stormwater
pollution prevention plan, the Common Council, Planning Board or Zoning Board
of Appeals 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 City of Middletown as the beneficiary. The security
shall be in an amount to be determined by the Common Council, Planning Board
or Zoning Board of Appeals 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 Common
Council, Planning Board or Zoning Board of Appeals, 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 Commissioner of the Department of Public Works. 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 City of Middletown 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 City of Middletown
may draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The Commissioner of the Department of
Public Works may require entities subject to this chapter to maintain records
demonstrating compliance with this chapter.
A.
Notice of violation. When the Commissioner of the Department
of Public Works or his/her designee determines that a land development activity
is not being carried out in accordance with the requirements of this chapter,
he/she may issue a written notice of violation to the landowner or operator.
The notice of violation shall contain:
(1)
The name and address of the landowner, operator, 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; and
(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.
B.
Stop-work orders. The Commissioner of the Department
of Public Works or his/her designee may issue a stop-work order for violations
of this chapter. 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 Commissioner confirms that the land development activity
is in compliance and the violation has been satisfactorily addressed. Failure
to address a stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures authorized
in this chapter.
C.
Violations. Any land development activity that is commenced
or is conducted contrary to this chapter may be restrained by injunction or
otherwise abated in a manner provided by law.
D.
Penalties. Any person who violates or assists in the violation of this chapter or fails to comply with a notice of violation issued pursuant to Subsection A, above, shall, upon conviction, be guilty of an offense punishable by a fine of not less than $250 nor more than $1,000 or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense. The term "person," as used in this section, shall include the owner, occupant, mortgagee, vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a building or part thereof.
E.
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.
F.
Restoration of lands. Any violator of this chapter 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 Commissioner
of the Department of Public Works may take necessary corrective action, the
cost of which shall become a lien upon the subject property until paid.
The City of Middletown 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
City or performed by a third party for the City.
