[HISTORY: Adopted by the Board of Trustees
of the Village of Irvington 11-6-2006 by L.L. No. 4-2006; amended in its entirety 12-5-2011 by L.L. No. 8-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Environmental impact assessments — See Ch. 24.
Environmental quality review — See Ch. 112.
Flood damage prevention — See Ch. 124.
Sewers — See Ch. 172.
Soil removal, excavations and landfills — See Ch. 175.
Subdivision of land — See Ch. 188.
Water — See Ch. 217.
Zoning — See Ch. 224.
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Village
of Irvington through the regulation of nonstormwater discharges to
the storm drainage system to the maximum extent practicable as required
by federal and state law. This article establishes methods for controlling
the introduction of pollutants into the municipal storm drainage system
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this
article are:
A.
To regulate the contribution of pollutants to the
municipal storm drainage system by stormwater discharges by any user.
B.
To prohibit illicit connections and discharges to
the municipal storm drainage system.
C.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this chapter.
For the purposes of this article, the following
shall mean:
A property owner or agent of a property owner who has filed
an application for a land development activity.
Employees or designees of the director of the municipal agency
designated to enforce this article.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. Currently
these include construction projects resulting in land disturbance
of five acres or more. Beginning in March 2003, NPDES Stormwater Phase
II permits will be required for construction projects resulting in
land disturbance of one acre or more. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
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.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 183-7A(2) of this chapter.
Either of the following: any drain or conveyance, whether
on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system, including but not limited to any conveyances
which allow any nonstormwater discharge, including sewage, process
wastewater, and wash water, to enter the storm drain system 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 any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that are 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.
A permit issued by the EPA [or by a state under authority
delegated pursuant to 33 U.S.C. § 1342(b)] that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable to an individual, group or on a general,
area-wide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
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.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes;
and yard wastes, refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A permit issued by the New York State Department of Environmental
Conservation that authorizes the discharge of pollutants to waters
of the state.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
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 non-point-source pollution
inputs to stormwater runoff and water bodies.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering
the storm drainage system generated on any developed and undeveloped
lands unless explicitly exempted by an authorized enforcement agency.
The Building Department shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Building Department may be delegated in writing
by the Building Inspector as may be authorized by the Village.
The provisions of this chapter are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this chapter or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this chapter.
The standards set forth herein and promulgated
pursuant to this chapter are minimum standards; therefore, this does
not intend nor imply that compliance by any person will ensure that
there will be no contamination, pollution, nor unauthorized discharge
of pollutants.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged
into the municipal storm drainage system or watercourses any materials,
including but not limited to pollutants or waters containing any pollutants,
that cause or contribute to a violation of applicable water quality
standards, other than stormwater.
(2)
The commencement, conduct or continuance of any illegal
discharge to the storm drainage system is prohibited, except as described
as follows:
(a)
The following discharges are exempt from discharge
prohibitions established by this article, unless the New York State
Department of Environmental Conservation or the Village of Irvington
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 (not including active
groundwater dewatering systems), crawl space or basement sump pumps,
air-conditioning condensation, springs, noncommercial washing of vehicles,
natural riparian habitat or wetland flows, dechlorinated swimming
pools (if dechlorinated, typically less than one PPM chlorine), 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.
(b)
Discharges approved in writing by the authorized
enforcement agency as being necessary 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 authorized
enforcement agency may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this article.
(c)
Dye testing in compliance with applicable state
and local laws is an allowable discharge but requires a verbal notification
to the authorized enforcement agency prior to the time of the test.
(d)
The prohibition shall not apply to any discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
Federal Environmental Protection Agency, 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 storm drainage
system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drainage system 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 storm
drainage system or allows such a connection to continue.
A.
Suspension due to illegal discharges in emergency
situations. The Building Inspector or Superintendent of Public Works
may, without prior notice, suspend discharge access to the storm drainage
system to a person when such suspension is necessary to stop an actual
or threatened discharge that presents or may present imminent and
substantial danger to the environment, or to the health or welfare
of persons, or to the storm drainage system or waters of the United
States. The authorized enforcement agency shall notify the person
of such suspension within a reasonable time thereafter, in writing,
with the reasons for the suspension. If the violator fails to comply
with a suspension order issued in an emergency, the authorized enforcement
agency may take such steps as deemed necessary to prevent or minimize
damage to the storm drainage system or waters of the United States
or to minimize danger to persons.
B.
Suspension due to the detection of illegal discharge.
(1)
Any person discharging to the storm drainage system
in violation of this article may have his, her or its access to the
system terminated if such termination would abate or reduce an illegal
discharge. The authorized enforcement agency will notify a violator
in writing of the proposed termination of its access to the storm
drainage system and the reasons for the termination. The violator
may petition the authorized enforcement agency for a reconsideration
and hearing. Access may be granted by the authorized enforcement agency
if it finds that the illegal discharge has ceased and the discharger
has taken steps to prevent its recurrence. Access may be denied if
the authorized enforcement agency determines in writing that the illegal
discharge has not ceased or is likely to recur.
(2)
A person commits an offense if the person reinstates
access to the storm drainage system terminated pursuant to this section,
without the prior approval of the authorized enforcement agency.
Any person subject to an industrial or construction
activity NPDES 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 Building Inspector prior to the allowing
of discharges to the storm drainage system.
A.
Applicability. This section applies to all facilities
that have stormwater discharges associated with industrial activity,
including construction activity.
B.
Access to facilities.
(1)
The Building Inspector 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 representatives
of the authorized enforcement agency.
(2)
Facility operators shall allow the Building Inspector
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater and the
performance of any additional duties as defined by state and federal
law.
(3)
The Building Inspector shall have the right to set
up on any permitted facility such devices as are necessary in the
opinion of the authorized enforcement agency to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)
The Building Inspector has the right to require the
discharger to install monitoring equipment as necessary. 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)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of
the Building Inspector and shall not be replaced. The costs of clearing
such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the Building Inspector
access to a permitted facility is a violation of a stormwater discharge
permit and of this article. A person who is the operator of a facility
with an NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this article.
(7)
If the Building Inspector 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, or to protect the overall public health, safety, and welfare
of the community, then the authorized enforcement agency may seek
issuance of a search warrant from any court of competent jurisdiction.
Where the authorized enforcement agency has identified illegal discharges as defined in § 183-2 or activities contaminating stormwater, the municipality may require implementation of best management practices (BMPs) to control those illegal discharges and activities.
A.
The owner
or operator of a commercial or industrial establishment shall provide,
at his or her own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drainage
system or watercourses through the use of structural and nonstructural
BMPs.
B.
Any person
responsible for a property or premise that is, or may be, the source
of an illegal discharge or an activity contaminating stormwater 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 municipal storm drainage system.
C.
Compliance
with all terms and conditions of a valid NPDES permit authorizing
the discharge of stormwater associated with industrial activity, to
the extent practicable, shall be deemed compliance with the provisions
of this section. These BMPs shall be part of a stormwater pollution
plan (SWPPP) as necessary for compliance with requirements of the
NPDES permit.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
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 that is resulting or
may result in illegal discharges or pollutants discharging into stormwater,
the storm drainage system or water of the United States, 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 authorized enforcement agency in person or by phone or facsimile
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the Building Inspector within three business days of the phone 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. Whenever the Building Inspector
finds that a person has violated a prohibition or failed to meet a
requirement of this article, the authorized enforcement agency may
order compliance by written notice of violation to the responsible
person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations
shall cease and desist;
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation
costs; and
(6)
The implementation of source control or treatment
BMPs.
B.
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.
Any person receiving a notice of violation may
appeal the determination of the Building Inspector to the Village
Board of Trustees. The notice of appeal must be received within 10
days from the date of the notice of violation. A hearing on the appeal
before the Board of Trustees shall take place within 30 days from
the date of receipt of the notice of appeal. The decision of the Board
of Trustees shall be final.
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 10 days of the decision of the municipal
authority upholding the decision of the authorized enforcement agency,
then representatives of the authorized enforcement agency shall enter
upon the subject private property and are authorized to take any and
all measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
Within 10 days after abatement of the violation,
the owner of the property will be notified of the cost of abatement,
including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within 10 days.
If the amount due is not paid within a timely manner as determined
by the decision of the municipal authority or by the expiration of
the time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. Any person violating any
of the provisions of this article shall become liable to the Village
by reason of such violation. The liability shall be paid in not more
than 12 equal payments. Interest at the rate of 3% per annum shall
be assessed on the balance beginning on the 21st day following discovery
of the violation.
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 authorized enforcement agency 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.
In lieu of enforcement proceedings, penalties,
and remedies authorized by this article, the authorized enforcement
agency may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, etc.
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.
A.
Any person that has violated or continues to violate
this article shall be liable to criminal prosecution to the fullest
extent of the law and shall be subject to a criminal penalty of $250
per violation per day and/or imprisonment for a period of time not
to exceed 15 days, or both.
B.
The authorized enforcement agency may recover all
attorney's fees, court costs and other expenses associated with enforcement
of this article, including sampling and monitoring expenses.
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.
This article shall be in full force and effect
30 days after its final passage and adoption. All prior laws and parts
of laws in conflict with this article are hereby repealed.
A.
Erosion and sediment control inspection. The Village of Irvington Stormwater Management Officer may require such inspections as necessary to determine compliance with this article and Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., and may either approve that portion of the work completed or notify the applicant when the work fails to comply with the requirements of this article, Article XXVII of the Zoning Code, or the stormwater pollution prevention plan (SWPPP) as approved under Article XXVII of the Zoning Code. The Stormwater Management Officer may conduct the inspection or, upon approval of the Board of Trustees of the Village of Irvington, engage the services of a registered engineer to conduct the inspection at a cost not to exceed a fee schedule established by the said governing board. To obtain inspections, the applicant shall notify the Village of Irvington enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
(1)
Start of construction.
(2)
Installation of sediment and erosion control measures.
(3)
Completion of site clearing.
(4)
Completion of rough grading.
(5)
Completion of final grading.
(6)
Close of the construction season.
(7)
Completion of final landscaping.
(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.
The Village of Irvington 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.
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.
The Village of Irvington Stormwater Management
Officer may require monitoring and reporting from entities subject
to this article as are necessary to determine compliance with this
article.
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 of Irvington the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 183-26.
A.
Construction completion guaranty. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Village
of Irvington in its approval of the stormwater pollution prevention
plan, the Village of Irvington may require the applicant or developer
to provide, prior to construction, a performance bond, cash escrow,
or irrevocable letter of credit from an appropriate financial or surety
institution which guarantees satisfactory completion of the project
and names the Village of Irvington as the beneficiary. The security
shall be in an amount to be determined by the Village of Irvington
based on submission of final design plans, with reference to actual
construction and landscaping costs. The performance guaranty shall
remain in force until the surety is released from liability by the
Village of Irvington, 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 Village of Irvington. Per-annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
B.
Maintenance guaranty. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Village of Irvington with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Village of Irvington
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Village of Irvington may require
applicants subject to this article to maintain records demonstrating
compliance with this article.
A.
Notice of violation. When the Village of Irvington determines that a land development activity is not being carried out in accordance with the requirements of this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., 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 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 municipality by filing a written notice of appeal
within 15 days of service of notice of violation.
B.
Stop-work orders. The Village of Irvington may issue a stop-work order for violations of this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq. 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 Village of Irvington 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 article.
D.
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction 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 not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., 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.
E.
Withholding of certificate of occupancy. If any building or land development activity is installed or conduced in violation of this article or Article XXVII, Stormwater Control, of the Irvington Zoning Code, § 224-164 et seq., the Stormwater Management Officer may prevent the occupancy of said building or land.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Village
of Irvington may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
The Village of Irvington may require any person undertaking land development activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections or SMP maintenance performed by the Village of Irvington or performed by a third party for the Village of Irvington. Such costs shall be paid in accordance with the provisions of Chapter 160, Professional Fees.
