[HISTORY: Adopted by the Board of the Trustees of the Village of
Asharoken 1-7-2008 by L.L. No. 2-2008.
Amendments noted where applicable.]
It is the intent of this legislation to adopt a stormwater management
and erosion and sediment control chapter that will satisfy the relevant part
of the Phase II Stormwater regulations adopted by the New York State Department
of Environmental Conservation.
The purpose of this chapter 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 of fact in § 44-3, hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of
the SPDES General Permit for Stormwater Discharges from Municipal Separate
Storm Sewer Systems (MS4s), Permit No. GP-02-02, or 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, or 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
and eliminate threats to public safety.
It is hereby determined that:
A.
Land development activities and associated increases
in site impervious cover 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 waterborne pollutants, including siltation of aquatic habitat for fish
and other desirable species;
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
streambank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream baseflow;
F.
Substantial economic losses can result from these adverse
impacts on the waters of the Village;
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 in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint
source pollution associated with stormwater runoff is in the public interest
and will minimize threats to public health and safety.
I.
Regulation of land development activities by means of
performance standards governing stormwater management and site design will
produce development 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.
A.
For the purposes of this chapter, certain terms and words
are hereby defined. Words used in the present tense include the future, words
in the singular include the plural and words in the plural include the singular;
the word "shall" is mandatory. Notwithstanding some references for definitional
purposes to the Village Code, the omission of such references in other instances
shall not be taken as an intent not to use such definitions for specific terms
that are not defined in this section and are defined in said Code, when it
is deemed by the Building Inspector or any other official, board or committee
of the Village to be appropriate to do so. Moreover, no definition used in
this chapter shall be deemed to apply to any other chapter of the Code, if
defined differently in that chapter.
B.
APPLICANT
BUILDING
CHANNEL
CLEARING
DEDICATION
DEPARTMENT/DEC
DESIGN MANUAL
DEVELOPER
DISTURBANCE
EPA
EROSION CONTROL MANUAL
GRADING
IMPERVIOUS COVER
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
MS4s
MAINTENANCE AGREEMENT
NONPOINT SOURCE POLLUTION
PHASING
POLLUTANT OF CONCERN
PROJECT
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
SMO
SMPs
SPDES
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE
STORMWATER SEWER SYSTEMS GP-02-02
STATE
STABILIZATION
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
SURFACE WATERS OF THE STATE OF NEW YORK
SWPPP
WATERCOURSE
WATERWAY
As used in this chapter, the following terms shall have
the meanings indicated:
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, and occupying
more than 100 square feet of area.
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.
The deliberate appropriation of property by its owner for general
public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management 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.
Clearing, grading, excavation of soil, and/or placement of fill,
whether or not such activity is part of construction activity.
The United States Environmental Protection Agency.
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, snowmelt and water (e.g., building rooftops, pavement,
sidewalks, driveways, etc.).
The process of percolating stormwater into the subsoil.
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, soil disturbance and/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 is 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.
The legal or beneficial owner of land, including those holding the
right to purchase or lease the land, or any other person holding proprietary
rights in the land.
Municipal separate storm sewer systems.
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 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.
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened, endangered
or special concern species.
The Stormwater Management Officer.
Stormwater management practices.
State Pollutant Discharge Elimination System.
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 State of New York.
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.
One or a series of stormwater management practices installed, stabilized
and operating for the purpose of controlling stormwater runoff.
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 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.
Stormwater pollution prevention plan.
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.
In accordance with § 10 of the Municipal Home Rule Law of
the State of New York, the Board of Trustees of the Village of Asharoken has
the authority to enact local laws and amend local laws and for the purpose
of promoting the health, safety or general welfare of the Village 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, employees, or independent contractor to effectuate, administer and
enforce such local law.
A.
This chapter shall be applicable to all land development
activities as defined in this chapter.
B.
The municipality shall designate a Stormwater Management
Officer (SMO) who shall accept all stormwater pollution prevention plans and
forward such plans to the applicable Village Board. The Stormwater Management
Officer may either:
(1)
Review the plans;
(2)
Upon approval by the Village Board of Trustees of the
Village of Asharoken, engage the services of a professional engineer to review
the plans, specifications and related documents at a cost not to exceed a
fee schedule established by said governing board; or
(3)
Accept the certification of a licensed professional engineer
or a certified professional in erosion and sediment control (CPESC) that the
plans conform to the requirements of this chapter.
C.
All land development activities subject to review and
approval by any Board of the Village shall be reviewed by such Board consistent
with the standards contained in this chapter.
The following activities may be exempt from review under this chapter:
A.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
B.
Repairs to any stormwater management practice or facility
deemed necessary by the SMO.
C.
Any part of a subdivision if a plat for the subdivision
has been approved by the Village of Asharoken Planning Board on or before
the effective date of this chapter, except where the Planning Board has reserved
site plan review or other continuous jurisdiction.
D.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
E.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
F.
Emergency activity immediately necessary to protect life,
property or natural resources.
G.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by that person
and his or her family.
H.
Landscaping and horticultural activities in connection
with an existing structure.
A.
Stormwater pollution prevention plan requirement. No
application for approval of a land development activity shall be reviewed
until the appropriate Board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this chapter.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information
and erosion and sediment controls:
(a)
Background information about the scope of the project,
including location, type and size of project;
(b)
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 discharges(s).
The site map shall be at a scale no smaller than one inch equals 100 feet;
(c)
Description of the soil(s) present at the site;
(d)
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;
(e)
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;
(f)
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;
(g)
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
closeout;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent
control measures;
(k)
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;
(l)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(o)
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; and
(p)
Any existing data that describes the stormwater runoff
at the site.
(2)
Land development activities meeting Condition A, B or
C below shall also include water quantity and water quality controls (postconstruction
stormwater runoff controls) as set forth below as applicable:
(a)
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.
(b)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development
activity disturbing at least one but less than five acres of land during the
course of the project, exclusive of the construction of single-family residences.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
Description of each postconstruction stormwater management
practice;
(c)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management practice;
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable design storms;
(e)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions;
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice;
(h)
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;
(i)
Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures in accordance
with this chapter.
C.
Plan certification. The SWPPP shall be prepared by a
licensed professional landscape architect or a licensed 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
of this chapter.
D.
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.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP
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.
F.
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 chapter,
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 chapter:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current version
or its successor, hereinafter 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, hereinafter referred
to as the "Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A above and the SWPPP shall be prepared by a licensed professional, as per § 44-8C, above.
C.
Water quality standards. Any land development activity
shall not 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 and inspection during construction.
(1)
The applicant or developer of the land development activity
or their representative shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve compliance
with the conditions of this chapter. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced by
50%.
(2)
For land development activities as defined in chapter and meeting Condition A, B or C of § 44-8, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(3)
At the discretion of the SMO, the applicant, developer
or their representative may be required to be on site at all times during
the construction or grading activities that take place for the purposes of
inspection and documentation of the effectiveness of all erosion and sediment
control practices.
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 agreement 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 to ensure that the facility is
maintained in proper working condition to meet design standards and any other
provisions established by this chapter. The easement shall be recorded by
the grantor in the office of the Suffolk County Clerk after approval by the
counsel for the Village.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance with
this chapter shall ensure they are operated and maintained to achieve the
goals of this chapter. Proper operation and maintenance also includes, as
a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical
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 chapter.
(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 in accordance
with this chapter.
D.
Maintenance agreements. The Village shall approve a formal
maintenance agreement for stormwater management facilities binding on all
subsequent landowners and recorded in the Office of the Suffolk County Clerk
as a deed restriction on the property prior to final plan approval. The maintenance
agreement shall be consistent with the terms and conditions of this chapter.
The Village, in lieu of a maintenance agreement, at its sole discretion, may
accept dedication of any existing or future stormwater management facility,
provided such facility meets all the requirements of this chapter and includes
adequate and perpetual access and sufficient area, by easement or otherwise,
for inspection and regular maintenance.
A.
A stormwater pollution prevention plan (SWPPP) consistent
with the requirements of this chapter shall be required for preliminary subdivision
plat approval. The SWPPP shall meet the performance and design criteria and
standards of this chapter. The approved preliminary subdivision plat shall
be consistent with the provisions of this chapter.
B.
A stormwater pollution prevention plan consistent with
the requirements of this chapter 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 this chapter. The approved
final subdivision plat shall be consistent with the provisions of this chapter.
A.
Erosion and sediment control inspection.
(1)
The Village Stormwater Management Officer may require
such inspections as necessary to determine compliance with this chapter and
may either approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this chapter and
the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections,
the applicant shall notify the Village 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
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 licensed
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 Stormwater Management
Officer may require monitoring and reporting from entities subject to this
chapter as are necessary to determine compliance with this chapter.
E.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B.
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 in its approval
of the stormwater pollution prevention plan, the Village 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
as the beneficiary. The security shall be in an amount to be determined by
the Village 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, 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. 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, the developer, prior to construction, may be required to
provide the Village with a cash escrow, a maintenance bond or 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 may draw upon the account to cover the costs of proper
operation and maintenance, including engineering and inspection costs. To
the extent that such escrow, bond or letter of credit, because of the draw,
is no longer sufficient to ensure the proper operation and maintenance of
the facility, the Village may require an additional escrow, bond or letter
of credit.
C.
Recordkeeping. The Village may require entities subject
to this chapter to maintain records demonstrating compliance with this chapter.
The Village requires any person undertaking land development activities
regulated by this chapter to reimburse the Village for costs of review of
SWPPPs, inspections, or SMP maintenance performed by the Village or performed
by a third party for the Village in accordance with such resolutions as may
be adopted from time to time by the Board of Trustees.
A.
Notice of violation. When the SMO, his designee, or other
designee of the Board of Trustees determines that a land development activity
is not being carried out in accordance with the requirements of this chapter,
it may issue a written notice of violation to the landowner. The notice of
violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring
the land development activity into compliance with this chapter and a time
schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall or
may be assessed against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be
appealed to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
B.
Stop-work orders. The Building Inspector, his designee,
or other designee of the Board of Trustees may issue a stop-work order for
violations of this chapter. Persons receiving a stop-work order shall be required
to halt all land development activities, except those activities that address
the violations leading to the stop-work order. The stop-work order shall be
in effect until the Village confirms that the land development activity is
in compliance and the violation has been satisfactorily addressed. Failure
to address a stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures authorized
in this chapter.
C.
Violations. Any land development activity that is commenced
or is conducted contrary to this chapter may be restrained by injunction or
otherwise abated in a manner provided by this chapter.
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 chapter 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 chapter shall
be deemed misdemeanors and for such purposes only all provisions of law relating
to misdemeanors shall apply to such violations. Each week, or part thereof,
such violation continues following notification by the Village, shall constitute
a separate offense punishable in a like manner.
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer may prevent the occupancy of said
building or land.
F.
Restoration of lands. Any violator may be required to
restore land to its undisturbed condition or to such other condition as shall
best protect the property and the adjacent properties from the problems of
erosion and sediment deposits off the land that may be required by virtue
of the actions of the violator, all at the discretion of the SMO. In the event
that restoration is not undertaken within a reasonable time after notice,
the SMO may either:
(1)
Direct that the remediation and/or restoration work be
performed with Village personnel and/or third-party contractors and the cost
thereof shall constitute a lien, charge and levy upon the real property by
the Village Treasurer. Such charge shall include, among other things, administrative,
legal, and actual expenses incurred by the Village, and shall be collected
in the same manner provided by law for the collection of delinquent real property
taxes; or
(2)
Seek a court order to take any and all measures reasonably
necessary abate the violation and/or restore the property, at the cost and
expense, including those of the litigation and the fees of witnesses and attorneys,
of the violator.
In addition to the enforcement processes and penalties provided, and
condition caused by or permitted to exist in violation of any of the provisions
of this chapter 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 chapter 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.
