A.
Erosion and sediment control inspection.
(1)
The Village of Brewster, New York, Stormwater Management
Officer may require such inspections as necessary to determine compliance
with this Part 1 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 Part 1 and the stormwater pollution prevention
plan (SWPPP) as approved. To obtain inspections, the applicant shall
notify the appropriate enforcement official at least 48 hours before
any of the following as required by the Stormwater Management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control
measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public
areas.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the
required corrective actions. No further work shall be conducted except
for site stabilization until any violations are corrected and all
work previously completed has received approval by the Stormwater
Management Officer.
B.
Stormwater management practice inspections. The Village
of Brewster, New York, Stormwater Management Officer is responsible
for conducting inspections of stormwater management practices (SMPs).
All applicants are required to submit "as built" plans for any stormwater
management practices located on-site after final construction is completed.
The plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project
completion. 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.
D.
Submission of reports. The Village of Brewster, New
York, Stormwater Management Officer may require monitoring and reporting
from entities subject to this Part 1 as are necessary to determine
compliance with this Part 1.
E.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Brewster, New York, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C of this section.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Village
of Brewster Board of Trustees in its approval of the stormwater pollution
prevention plan, the Village of Brewster Board of Trustees 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 Brewster, New York, as the
beneficiary. The security shall be in an amount to be determined by
the Village of Brewster Board of Trustees 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 Brewster Board of Trustees,
provided that such period shall not be less than one year from the
date of final acceptance or such other certification that the facility(ies)
have been constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the facilities
have been found to be acceptable to the Village of Brewster Board
of Trustees. Per annum interest on cash escrow deposits shall be reinvested
in the account until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Village of Brewster, New York 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 Brewster
Board of Trustees may draw upon the account to cover the costs of
proper operation and maintenance, including engineering and inspection
costs.
C.
Recordkeeping. The Village of Brewster, New York,
may require entities subject to this Part 1 to maintain records demonstrating
compliance with this Part 1.
A.
Notice of violation. When the Village of Brewster,
New York, determines that a land development activity is not being
carried out in accordance with the requirements of this Part 1, 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 Part
1 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 Brewster, New York,
may issue a stop-work order for violations of this Part 1. 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 Brewster, New York, 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 Part 1.
C.
Violations. Any land development activity that is
commenced or is conducted contrary to this Part 1 may be restrained
by injunction or otherwise abated in a manner provided by law.
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 Part 1 shall be guilty of a violation punishable
by a penalty 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 penalty 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 penalty 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 Part 1 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 conducted in violation
of this Part 1, 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 Brewster Board of Trustees may take necessary corrective action,
the cost of which shall become a lien upon the property until paid.
The Village of Brewster, New York, may require
any person undertaking land development activities regulated by this
Part 1 to pay reasonable costs at prevailing rates for review of SWPPPs,
inspections or SMP maintenance performed by the Village of Brewster,
New York, or performed by a duly designated and authorized third party
for the Village of Brewster Board of Trustees. A fee schedule shall
be established by resolution of the Village of Brewster Board of Trustees.
Such fee schedule may thereafter be amended from time to time by like
resolution. The fee schedule will be on file with the Clerk of the
Village of Brewster.
