[HISTORY: Adopted by the Board of Trustees
of the Village of Highland Falls as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-7-2007 by L.L. No. 2-2007]
It is hereby determined that:
A.
Land development activities and associated increases
in site imperviousness may often alter the hydrologic response of
local watersheds and increase stormwater runoff rates and volumes,
flooding, stream channel erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species, and may cause property damage;
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
F.
Economic losses can result from adverse impacts on
stormwater quantity and velocity and on the waters;
G.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
H.
The regulation of stormwater runoff discharges from
land development activities is in the public interest and will help
to reduce threats to public health and safety; and
I.
Regulation of land development activities by means
of standards governing stormwater management and site design is intended
to regulate development such that it is compatible with the natural
functions of a particular site or an entire watershed and thereby
mitigate the adverse effects of erosion and sedimentation from development.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings set forth in § 199-1 hereof. This article seeks to meet those purposes by seeking to achieve the following objectives:
A.
Meet the minimum requirements for control of construction
site and postconstruction runoff of the New York State SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-02-02, as amended or revised;
B.
Require land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities GP-02-01, as amended or
revised;
C.
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature and streambank erosion, and maintain the integrity
of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and to ensure that these management practices
are properly maintained.
In accordance with the Municipal Home Rule Law
of the State of New York, the Village of Highland Falls Village Board
of Trustees has the authority to enact and amend local laws for the
purpose of promoting the health, safety or general welfare of the
Village of Highland Falls and for the protection and enhancement of
its physical environment. The Board of Trustees may include in any
such local law provisions for the appointment of any municipal officer,
employee, or independent contractor to effectuate, administer and
enforce such local law.
A.
This article shall be applicable to all land development activities as defined in § 199-6 of this article.
B.
The Village shall designate a Stormwater Management
Administrator, who shall accept and review all stormwater pollution
prevention plans and forward such plans to the applicable municipal
board. The Stormwater Management Administrator may:
(1)
Review the plans;
(2)
Upon approval by the Board of Trustees, engage the
services of a professional engineer to review the plans, specifications
and related documents; and/or
(3)
Accept the certification of a New York State licensed
professional engineer that the plans conform to the requirements of
this article and other applicable laws and regulations.
C.
All land development activities subject to review
and decision by the applicable municipal board shall be reviewed pursuant
to the standards contained in this article, and other applicable laws
and regulations.
D.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of this article shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 199-6 through 199-12 of this article. The approved preliminary subdivision plat shall be consistent with the provisions of this article.
E.
A stormwater pollution prevention plan consistent with the requirements of this article and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 199-6 through 199-12 of this article. The approved final subdivision plat shall be consistent with the provisions of this article.
F.
A stormwater pollution prevention plan consistent with the requirements of this article shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in §§ 199-6 through 199-12 of this article. The approved site plan shall be consistent with the provisions of this article.
The following activities may be exempt from
review under this article:
A.
Agricultural activity as defined in this article.
B.
Alteration or maintenance of an existing structure
which will not have an impact on the quantity or quality of the surface
water discharge from the site.
C.
Routine maintenance activities that disturb less than
one acre of land and are performed to maintain the original line and
grade, hydraulic capacity or original purpose of a facility.
D.
Repair to any stormwater management practice or facility
deemed necessary by the Building Inspector, Engineer or other person
designated by the Board of Trustees.
E.
Land development activity that received approval by
the Village Planning Board prior to the effective date of this article.
However, said activity shall not be exempt from compliance with applicable
state laws or regulations governing stormwater management and control.
F.
Land development activity for which a building permit
has been approved prior to the effective date of this article. However,
said activity shall not be exempt from compliance with applicable
state laws or regulations governing stormwater management and control.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect
life, property or natural resources.
J.
Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use
by that person and his or her family.
K.
Landscaping and horticultural activities in connection
with an existing structure, provided such activities do not disturb
one acre or more of land.
The terms used in this article or in documents
prepared or reviewed under this article shall have the meanings as
set forth in this section.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover, including
ground cover, shrubs, brush and trees.
The appropriation of property by its owner for general public
use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Design Manual, most recent
version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that has been or may be determined to be a federal
wetland; a New York State mapped wetland; or 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 known as "hydrophytic
vegetation."
Construction activity including, but not limited to, clearing,
grading, excavating, blasting, soil disturbance or placement of fill
that results in disturbance of one or more acres of land, or activity
that disturbs less than one acre of land area that is part of a common
plan of development or sale which will or has disturbed one or more
acres of land, even though multiple separate and distinct land development
activities may take place at different times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, the developer, or any other
person holding proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
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.
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 by the NYS DEC or Stormwater Management
Administrator as a cause of impairment of any water body that will
receive a discharge from the land development activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
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.
The Building Inspector, Village's engineer or other person
designated by the Board of Trustees to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices.
One or a series of stormwater management practices installed
and operated for the purpose of controlling stormwater runoff.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
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.
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 of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall receive
approval until the appropriate board has received a stormwater pollution
prevention plan (SWPPP) prepared in accordance with the specifications
in this article.
B.
Contents of stormwater pollution prevention plans.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of project.
(2)
Site map/construction drawing(s) 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 water(s); 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 location(s) of the stormwater discharge(s) (site
map should be at a scale no smaller than one inch equals 50 feet);
(3)
Description of the soil(s) present at the site;
(4)
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 (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(5)
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
(6)
Description of construction and waste materials expected
to be stored on-site with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(7)
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;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to
permanent control measures;
(11)
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;
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
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;
(16)
Any existing data that describes the stormwater
runoff at the site; and
(17)
Any additional information shall be provided
if requested by the Stormwater Management Administrator.
C.
Land development activities as defined herein and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth Subsection D below as applicable:
(1)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(3)
Condition C: stormwater runoff from land development
activity disturbing between one acre and five acres of land during
the course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
D.
SWPPP requirements for Conditions A, B and C:
(1)
All information in § 199-7(B) of this article;
(2)
Description of each postconstruction stormwater management
practice;
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice;
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions;
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice;
(8)
Maintenance easements to ensure access to all stormwater
management practices at the site for the purpose of inspection and
repair. Easements shall be recorded on the plan and shall remain in
effect with transfer of title to the property; and
E.
Plan certification. The SWPPP shall be prepared by
a New York State licensed or professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meet the requirements
in this article.
F.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the land development activity prior to approval of
the final stormwater design plan.
G.
Contractor certification.
(1)
Each contractor and subcontractor who will be involved
in soil disturbance and/or stormwater management practice installation
shall sign and date a copy of the following certification statement
before undertaking any land development activity: "I certify under
penalty of law that I understand and agree to comply with the terms
and conditions of the stormwater pollution prevention plan. I also
understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
(2)
The certification must include the name and title
of the person providing the signature, address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
H.
A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the date
of initiation of construction activities to the date of final stabilization.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this article,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this article. These
documents are on file in the Village Hall and the Building Department.
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
B.
Water quality standards. No land development activity
may cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.
Maintenance during construction.
(1)
The applicant and developer of the land development
activity shall at all times properly construct, operate and maintain
all facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer. Sediment
shall be removed from sediment traps or sediment ponds whenever their
design capacity has been reduced by 50%.
(2)
The applicant or developer or representative identified
in the SWPPP shall be on site at all times when land development activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices. Inspection reports shall be
completed every seven days, in addition, and within 24 hours of any
storm event producing 0.5 inch of precipitation or more. The reports
shall be delivered to the Stormwater Management Administrator and
also copied to the site log book.
B.
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility as one of the
requirements, the applicant or developer must execute a maintenance
easement declaration 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 and its agents to determine whether the facility is
maintained in proper working condition to meet design standards and
any other provisions established by this article. The easement shall
be recorded by the grantor in the office of the County Clerk after
approval by the counsel for the Village.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices shall be operated and
maintained in compliance with the SWPPP and all other conditions of
approval. Proper operation and maintenance also includes, as a minimum,
the following:
(1)
A preventive/corrective maintenance program for all
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the
goals of this article.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria
or cause or contribute to water quality standard violations.
D.
Maintenance declarations. The property owner shall
execute a formal maintenance declaration 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 declaration shall be consistent
with the terms and conditions of Schedule A annexed as part of this
article, entitled "Sample Stormwater Management Facility Maintenance
Declaration."[1] The terms and conditions of the Sample Stormwater Management
Facility Maintenance Declaration may be amended from time to time
by resolution of the Village Board of Trustees. The Village, at its
sole discretion, may accept dedication of any existing or future stormwater
management facility, provided such facility meets all the requirements
of this article and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: The Sample Stormwater Control Facility Maintenance Declaration is included at the end of this chapter.
A.
Construction inspections.
(1)
Erosion and sediment control inspection.
(a)
The Village of Highland Falls may require such
inspections as necessary to determine compliance with this article
and may either approve that portion of the work completed or notify
the applicant wherein the work fails to comply with the requirements
of this article and the stormwater pollution prevention plan (SWPPP)
as approved. To obtain inspections, the applicant shall notify the
Village of Highland Falls enforcement official at least 48 hours before
any of the following:
[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 all violations are corrected
and all work previously completed has received approval by the Stormwater
Management Administrator.
(2)
Stormwater management practice inspections. The Village
of Highland Falls Stormwater Management Administrator is authorized
to conduct inspections of stormwater management practices (SMPs).
All applicants are required to submit "as built" plans for any stormwater
management practices constructed or located on-site and off-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.
B.
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.
C.
Submission of reports. The Stormwater Management Administrator
may require monitoring and reporting from entities subject to this
article as are necessary to determine compliance with this article.
D.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Highland Falls, its officers, employees and agents, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B above.
E.
Performance guarantee.
(1)
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 Village
of Highland Falls in its approval of the stormwater pollution prevention
plan, the Village of Highland Falls may require the applicant or developer
to provide, prior to construction, a 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 Highland Falls as the beneficiary. The security shall be in an
amount to be determined by the Village of Highland Falls 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 Village of Highland
Falls, 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 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 Highland Falls.
(2)
Performance and maintenance guarantee. The developer,
prior to construction, shall be required to provide the Village of
Highland Falls with a performance and maintenance bond to ensure proper
construction, operation and maintenance of all stormwater management
and erosion control facilities, both during and after construction.
If the developer's successor(s) fails to properly construct, operate
and maintain stormwater management and/or erosion and sediment control
facilities, the Village, its officers, employees and agents, may enter
upon the property and perform any work necessary to cause proper construction,
operation and/or maintenance of the facilities, and may draw upon
the account of the bond to cover all such costs, including legal,
engineering and inspection costs. The maintenance bond shall cover
the estimated cost of properly maintaining the system for five years
after substantial completion of construction.
F.
Recordkeeping. The Village of Highland Falls may require
entities subject to this article to maintain records demonstrating
compliance with this article.
A.
This article may be enforced by the Stormwater Management
Administrator. The Stormwater Management Administrator is authorized
to issue and serve appearance tickets in connection with violations
of this article.
B.
It shall be a violation of this article if any land
development activity or any other disturbance of land does not fully
comply with the requirements of this article, or with the terms or
provisions of the SWPPP, or with any lawful order or notice issued
by the Stormwater Management Administrator.
C.
Notice of violation. If the Village determines that
a violation has occurred, the Stormwater Management Administrator
may issue a written notice of violation. The notice of violation should
generally 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; and
(5)
A statement of the penalty or penalties that may be
assessed against the person(s) to whom the notice of violation is
directed.
D.
Stop-work orders. The Stormwater Management Administrator
may issue a stop-work order for violations of this article. Persons
receiving a stop-work order shall be required to halt all land development
activities, except those permitted activities that remedy the violation(s)
causing issuance of the stop-work order. The stop-work order shall
be in effect until the Stormwater Management Administrator confirms
that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to remedy 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.
E.
Violations and penalties.
(1)
In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this article shall be guilty of a violation punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed 14 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 not less than $350 nor more than $700 or imprisonment
for a period not to exceed 14 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 not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed 14 days,
or both. Each day's continued violation shall constitute a separate
additional violation.
(2)
Civil penalties.
(a)
In addition to and not in lieu of the above,
any person who violates any provision of this article or who builds
or alters any structure or use of land in violation of any statement
or plan submitted and approved thereunder who assists therein shall
be liable to the Village for a civil penalty in an amount not to exceed
$350 for a first violation; in an amount not less than $350 nor more
than $700 for a second violation committed within a period of five
years of the first violation; and in an amount of not less than $700
nor more than $1,000 for a third and each subsequent violation committed
within a period of five years of the first violation. Each week's
continued violation shall constitute a separate additional violation.
(b)
Civil penalties may be ordered in any action
or proceeding by any court of competent jurisdiction, including but
not limited to state and federal courts. All penalties shall be paid
to the Village.
(c)
The judgment amount of any civil penalty ordered
pursuant to this section, if not paid, may be assessed and levied
against the real property which is the subject of the penalty and
collected in the same manner as a real property tax.
(3)
In addition to and not in lieu of the remedies authorized
above, the Board of Trustees or the Enforcement Officer may institute
any appropriate action or proceeding to prevent, restrain, enjoin,
correct or abate any violation or threatened violation of this article
or to enforce any provision of this article.
(4)
In addition to and not in lieu of the remedies authorized
above, where a violation of this article may cause injury or damage
to public or private property or to the public interest or environment
or may cause, in whole or in part, noncompliance by the Village with
stormwater or erosion control requirements, then, after due notice
and opportunity to be heard is given the violator, the Village, its
officers, employees and agents, shall have the authority to enter
upon private property and take necessary corrective and restorative
action to remedy such violation. All costs of such Village action,
including but not limited to corrective, engineering, legal and administrative
costs, shall be billed to the owner of the property. If not paid,
such costs may be assessed and levied against the property and collected
in the same manner as real property tax. In the event of an emergency,
the Village shall be authorized to enter upon the property and take
action without notice to the property owner or opportunity to be heard.
F.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this article, no certificate of occupancy shall be issued and no
building or land shall be occupied.
G.
Restoration of lands. Any violator of this article
may be required to restore land to its undisturbed or prior condition.
In the event that restoration is not undertaken within a reasonable
time after notice and opportunity to be heard, the Village, its officers,
employees and agents, shall have the authority to enter upon the private
property and take necessary corrective and restorative action to remedy
violations of this article. All costs of such Village action, including
but not limited to corrective, engineering, legal and administrative
costs, shall be billed to the owner of the property. If not paid,
such costs may be assessed and levied against the property and collected
in the same manner as real property taxes.
The Village of Highland Falls may require any
person undertaking land development activities regulated by this article
to reimburse to the Village the Village's reasonable costs for review
of SWPPPs, inspections, or SMP maintenance performed by or on behalf
of the Village.
[Adopted 5-19-2008 by L.L. No. 1-2008]
A.
The purpose of this article is to provide for the
health, safety, and general welfare of the citizens of the Village
of Highland Falls through the regulation of nonstormwater discharges
to the municipal separate storm sewer system (MS4) to the maximum
extent practicable as required by federal and state law. This article
establishes methods for controlling the introduction of pollutants
into the MS4 in order to comply with requirements of the SPDES General
Permit for Municipal Separate Storm Sewer Systems.
B.
The objectives of this article are:
(1)
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02, as amended
or revised;
(2)
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
(3)
To prohibit illicit connections, activities and discharges
to the MS4;
(4)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article and impose penalties and remedies for noncompliance;
and
(5)
To promote public awareness of the hazards involved
in the improper discharge of trash, yard waste, lawn chemicals, pet
waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment and other pollutants into
the MS4.
Whenever used in this article, unless a different
meaning is stated in a definition applicable to only a portion of
this article, the following terms will have meanings set forth below:
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 amendments thereto.
Activities requiring authorization under the SPDES Permit
for Stormwater Discharges from Construction Activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
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 present or potential hazard to human health, safety,
property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater
discharge including treated or untreated sewage, process wastewater,
and wash water to enter the MS4 and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; and/or
Any drain or conveyance connected from a commercial
or industrial land use to the MS4 which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 199-18 of this article.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring authorization under the SPDES Permit
for Discharges from Industrial Activities Except Construction, GP-98-03,
as amended or revised.
The Village of Highland Falls.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned or operated by
the Village of Highland Falls; designed or used for collecting or
conveying stormwater; which is not a combined sewer; and which is
not part of a publicly owned treatment works (POTW) as defined at
40 CFR 122.2.
Any discharge to the MS4 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 occupant of premises, or as the owner's or occupant's
agent.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water, which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards:
the condition that applies where a municipality has been notified
that the discharge of stormwater authorized under its MS4 permit may
have caused or has the reasonable potential to cause or contribute
to the violation of an applicable water quality standard. Under this
condition the municipality must take all necessary actions to ensure
future discharges do not cause or contribute to a violation of water
quality standards.
303(d) listed waters: the condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d) listed
water. Under this condition the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)
listed water.
Total maximum daily load (TMDL) strategy: the
condition in the municipality's MS4 permit where a TMDL, including
requirements for control of stormwater discharges, has been approved
by EPA for a water body or watershed into which the MS4 discharges.
If the discharge from the MS4 did not meet the TMDL stormwater allocations
prior to September 10, 2003, the municipality was required to modify
its stormwater management program to ensure that reduction of the
pollutant of concern specified in the TMDL is achieved.
The condition in the municipality's MS4 permit
that applies if a TMDL is approved in the future by EPA for any water
body or watershed into which an MS4 discharges. Under this condition
the municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not
meeting the TMDL stormwater allocations, the municipality must, within
six (6) months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Building Inspector, engineer, or other person designated
by the Board of Trustees to enforce this article. The SMA may also
be 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.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by § 303(d) of the 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.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The Stormwater Management Administrator(s) [SMA(s)]
shall administer, implement, and enforce the provisions of this article.
Such powers granted or duties imposed upon the authorized enforcement
official may be delegated in writing by the SMA as may be authorized
by the Board of Trustees.
The provisions of this article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article 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 article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1) through (4) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article, unless the Department or
the Village has determined them to be substantial contributors of
pollutants: waterline flushing or other potable water sources, landscape
irrigation or lawn watering, existing diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration to storm drains,
uncontaminated pumped groundwater, foundation or footing drains, crawl
space or basement sump pumps, air-conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural
riparian habitat or wetland flows, dechlorinated swimming pool discharges,
residential-street wash water, water from fire-fighting activities,
and any other water source not containing pollutants. Such exempt
discharges shall be made in accordance with an appropriate plan for
reducing pollutants.
(2)
Discharges approved in writing by the SMA to protect
life or property from imminent harm or damage, provided that such
approval shall not be construed to constitute compliance with applicable
laws and requirements, and further provided that such discharges may
be permitted for a specified time period and under such conditions
as the SMA may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this article.
(3)
Dye testing in compliance with applicable state and
local laws is an allowable discharge, but requires a verbal notification
to the SMA prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the Department,
provided that the discharger is in full compliance with all requirements
of the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
article if the person connects a line conveying sewage to the municipality's
MS4, or allows such a connection to continue.
No person shall operate a failing individual
sewage treatment system in areas tributary to the municipality's MS4.
A failing individual sewage treatment system is one which has one
or more of the following conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the
ground surface.
C.
A connection or connections to a separate stormwater
sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure
conditions as noted in this section.
F.
Contamination of off-site groundwater.
A.
Activities that are subject to the requirements of
this section are those types of activities that:
B.
Such activities include prohibited discharges or connections and failing individual sewage treatment systems as defined in § 199-19, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions (as determined or approved by the SMA) to correct such activities
such that he or she no longer causes or contributes to violations
of the municipality's MS4 SPDES permit authorization.
A.
Best management practices. Where the SMA has identified illicit discharges as defined in § 199-14 or activities contaminating stormwater as defined in § 199-20, the Village may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial
establishment shall provide, at its own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the MS4 through the use of structural and nonstructural BMPs.
(2)
Any person responsible for a property or premises, that is, or may be, the source of an illicit discharge as defined in § 199-14 or an activity contaminating stormwater as defined in § 199-20 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3)
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
B.
Individual sewage treatment systems: response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 199-14 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine
scum and sludge accumulation. Septic tanks must be pumped out whenever
the bottom of the scum layer is within three inches of the bottom
of the outlet baffle or sanitary tee or the top of the sludge is within
10 inches of the bottom of the outlet baffle or sanitary tee. Inspection
of the tank for cracks, leaks and blockages shall be done by the septage
hauler at the time of pumping of the tank contents;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of
detergents, kitchen wastes, laundry wastes, and household chemicals;
and
(d)
Avoid the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems
as follows:
(a)
In accordance with 10 NYCRR Appendix 75A to
the maximum extent practicable.
(b)
A design professional licensed to practice in
New York State shall prepare design plans for any type of absorption
field that involves:
(c)
A written certificate of compliance shall be
submitted by the design professional to the municipality at the completion
of construction of the repair or replacement system.
A.
The SMA may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, to the health or welfare of
persons, or to the MS4. The SMA shall notify the person of such suspension
within a reasonable time thereafter in writing of the reasons for
the suspension. If the violator fails to comply with a suspension
order issued in an emergency, the SMA may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or to minimize
danger to persons.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the municipality's MS4 in violation of this
article may have his or her MS4 access terminated if such termination
would abate or reduce an illicit discharge. The SMA will notify a
violator, in writing, of the proposed termination of its MS4 access
and the reasons therefor. The violator may petition the SMA for a
reconsideration and hearing. Access may be granted by the SMA if he/she
finds that the illicit discharge has ceased and the discharger has
taken steps to prevent its recurrence. Access may be denied if the
SMA determines, in writing, that the illicit discharge has not ceased
or is likely to recur. A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the SMA.
Any person subject to an industrial or construction
activity SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the municipality prior to the allowing or
continuance of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the SMA determines necessary to inspect to enforce any provision
of this article, or whenever the authorized enforcement agency has
cause to believe that there exists, or potentially exists, in or upon
any premises any condition which constitutes a violation of this article.
B.
Access to facilities.
(1)
The SMA shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. If a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the SMA.
(2)
Facility operators shall allow the SMA ready access
to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records as may be required to implement
this article.
(3)
The municipality shall have the right to set up on
any facility subject to this article such devices as are necessary
in the opinion of the SMA to conduct monitoring and/or sampling of
the facility's stormwater discharge.
(4)
The municipality has the right to require the facilities
subject to this article to install monitoring equipment as is reasonably
necessary (and subject to approval by the SMA) to determine compliance
with this article. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
(5)
Unreasonable delays in allowing the municipality access
to a facility subject to this article is a violation of this article.
A person who is the operator of a facility subject to this article
commits an offense if the person denies the municipality reasonable
access to the facility for the purpose of conducting any activity
authorized or required by this article.
(6)
If the SMA 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 maybe a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program designed to verify
compliance with this article or any order issued hereunder, then the
SMA may seek issuance of a search warrant from any court of competent
jurisdiction.
Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, has information
of any unknown or suspected release of materials which are resulting
or may result in illegal discharges or pollutants discharging into
the MS4, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials said person shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of nonhazardous materials,
said person shall notify the Village in person or by telephone or
facsimile no later than the next business day. Notifications in person
or by telephone shall be confirmed by written notice addressed and
mailed to the Village within three business days of the telephone
notice. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
A.
Notice of violation. When the Village's SMA finds
that a person has violated a prohibition or failed to meet a requirement
of this article or failed to comply with a permit or approval condition
related to the subject matter of this article (all deemed a "violation"
of this article), he/she may order compliance by written notice of
violation to the responsible person. Such notice may require without
limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations
shall cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property
and the environment;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine and/or civil monetary penalty; and
(6)
The implementation of source control or treatment
BMPs. If abatement of a violation and/or restoration of affected property
or the environment 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, and, if unpaid, said amount
may be assessed and levied as a lien against the violator's premises
and collected in the same manner as a real property tax.
B.
Penalties.
(1)
In addition to or as an alternative to any penalty
provided herein or by law, any person who violates this article shall
be guilty of a violation punishable by a fine not exceeding $350 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
not less than $350 nor more than $700 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 not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
Each day's continued violation shall constitute a separate additional
violation.
(2)
Civil penalties.
(a)
In addition to and not in lieu of the above,
any person who violates this article shall be liable to the Town for
a civil penalty in an amount not to exceed $350 for a first violation;
in an amount not less than $350 nor more than $700 for a second violation
committed within a period of five years of the first violation; and
in an amount of not less than $700 nor more than $1,000 for a third
and each subsequent violation committed within a period of five years
of the first violation. Each day's continued violation shall constitute
a separate additional violation.
(b)
Civil penalties may be ordered in any action
or proceeding by any court of competent jurisdiction, including but
not limited to state and federal courts. All penalties shall be paid
to the Town.
(c)
The judgment amount of any civil penalty ordered
pursuant to this section, if not paid, may be assessed and levied
against the real property which is the subject of the penalty and
collected in the same manner as a real property tax.
(3)
In addition to and not in lieu of the remedies authorized
above, the SMA or the Town Board may institute any appropriate action
or proceeding to prevent, restrain, enjoin, correct or abate any violation
or threatened violation or to enforce any provision of this article.
A.
Any person receiving a notice of violation may appeal
the determination of the SMA to the Board of Trustees within 15 days
of its issuance, which Board shall hear the appeal within 30 days
after the filing of the appeal, and, within five days of making its
decision, file its decision in the office of the Village Clerk and
mail a copy of its decision by certified mail to the appellant. Any
person aggrieved by the decision of the Board of Trustees may appeal
such decision to the Supreme Court pursuant to Article 78 of the Civil
Practice Law and Rules. Such proceeding must be commenced within 30
days after the decision is filed in the Village Clerk's office or
shall be time-barred.
B.
The appeal of a notice of violation shall stay an
order contained in the notice of violation issued by the SMA, unless
the SMA determines, in writing, that a stay of the order, or portion
thereof, would cause undue harm to a person, property, equipment,
the environment or the Village's storm sewer system. In such case,
an appeal shall not stay the SMA's order.
A.
If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation or, in the event
of an appeal, within five business days of the decision of the municipal
authority upholding the decision of the SMA, then the SMA shall have
authority to request the owner's permission for access to the subject
private property to take any and all measures reasonably necessary
to abate the violation and/or restore the property.
B.
If refused access to the subject private property,
the SMA may seek a warrant in a court of competent jurisdiction to
be authorized to enter upon the property to determine whether a violation
has occurred. Upon determination that a violation has occurred, the
SMA may seek a court order to take any and all measures reasonably
necessary to abate the violation and/or restore the property.
C.
The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger and maybe collected in the same manner as set forth in § 199-26A(6).
It shall be a violation of this article for
any person to violate any provision or fail to comply with any of
the requirements of this article or fail to comply with a permit or
approval condition related to the subject matter of this article.
If a person has violated or continues to violate the provisions of
this article, the SMA may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
A.
Where a person has violated a provision of this article,
he/she may be eligible for alternative remedies in lieu of a civil
penalty, upon recommendation of the Village Attorney and concurrence
of the SMA, where:
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
