[Added 2-5-2007 by L.L. No. 2-2007]
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
stream bank 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 municipality.
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.
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 of fact in § 165-22 hereof.
B.
This article seeks to meet those purposes by achieving the following
objectives:
(1)
Meet the requirements of minimum measures 4 and 5 of the SPDES general
permit for stormwater discharges from municipal separate stormwater
sewer systems (MS4s), Permit No. GP-02-02, or as amended or revised;
(2)
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) general permit
for construction activities, Permit No. GP-02-01, or as amended or
revised;
(3)
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
(4)
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
(5)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(6)
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.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Town Board of the Town of Pompey
has the authority to enact local laws and amend local laws for the
purpose of promoting the health, safety or general welfare of the
Town of Pompey and for the protection and enhancement of its physical
environment. The Town Board of the Town of Pompey 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 article
shall be applicable to all land development activities as defined
in this article.
B.
The municipality
shall designate the Code Enforcement Officer to accept and review
all stormwater pollution prevention plans and forward such plans to
the applicable municipal board. The Code Enforcement Officer may review
the plans; engage the services of a registered professional engineer
to review the plans, specifications and related documents, at a cost
to be passed on to the land developer; or accept the certification
of a licensed professional that the plans conform to the requirements
of this article.
C.
All land development activities subject to review and approval by the Planning Board of the Town of Pompey under Subdivision of Land (Chapter 144 of the Town Code) and Zoning (Chapter 165 of the Town Code) Regulations, especially §§ 144-5, 144-6, 144-7, 144-8, 144-16, 165-44 and 165-46, shall be reviewed subject to the standards contained in this article.
The following activities may be exempt from review under this
article:
A.
Agricultural activity as defined in this article;
B.
Logging activity undertaken pursuant to an approved timber management
plan prepared or approved by the County Soil and Water Conservation
District or the New York State Department of Environmental Conservation,
except that landing areas and log haul roads are subject to this article;
C.
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;
D.
Repairs to any stormwater management practice or facility deemed
necessary by the Code Enforcement Officer;
E.
Any part of a subdivision if a plat for the subdivision has been
approved by the Planning Board of the Town of Pompey on or before
the effective date of this article;
F.
Land development activities for which a building permit has been
approved on or before the effective date of this article;
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, vegetable and other plants primarily for use by that person
and his or her family; and
K.
Landscaping and horticultural activities in connection with an existing
structure.
The terms used in this article or in documents prepared or reviewed
under this article shall have the following meanings:
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.
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 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, snowmelt 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 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 clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that 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.
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.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and 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.
One or a series of stormwater management practices installed,
stabilized and operating 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.
No application for approval of a land development activity shall
be reviewed until the appropriate Planning Board has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications in this article.
A.
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 (scale for the maps
should be no smaller than one inch equals 100 feet), 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;
(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 closeout;
(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; and
(16)
Any existing data that describes the stormwater runoff at the
site.
B.
Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection C 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 construction activity disturbing
between one 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.
C.
SWPPP requirements for Conditions A, B and C:
(2)
Description of each post-construction stormwater management practice;
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction 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 post-development stormwater runoff conditions with
predevelopment conditions;
(6)
Dimensions, material specifications and installation details for
each post-construction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective operation
of each post-construction 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
The SWPPP shall be prepared by a landscape architect, certified
professional or professional engineer and must be signed by a the
professional preparing the plan, who shall certify that the design
of all stormwater management practices meet the requirements in this
article.
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.
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." 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. The certification statement(s) shall become part of the SWPPP
for the land development activity. 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:
(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"); and
(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. 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 during construction. The applicant or developer of the
land development activity 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 article.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%. The applicant or developer
or their representative shall be on site at all times when construction
or grading 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 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 Officer 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 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 Town of
Pompey to ensure that 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 Onondaga County Clerk after approval by the Attorney
for the Town of Pompey.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall operate and maintain the stormwater management practices
to achieve the goals of this article. 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 article.
(2)
Written
procedures for operation and maintenance and training new maintenance
personnel.
D.
Maintenance agreements. The Town of Pompey shall approve a formal
maintenance agreement for stormwater management facilities binding
on all subsequent landowners and recorded in the office of the Onondaga
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 Schedule A of this article, entitled "Sample
Stormwater Control Facility Maintenance Agreement."[1] The Town of Pompey, 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 article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
[1]
Editor's Note: Schedule A is on file in the Town offices.
A.
Construction inspection.
(1)
Erosion and sediment control inspection. The Code Enforcement Officer
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 Code Enforcement Officer 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 Code Enforcement
Officer.
B.
Stormwater management practice inspections. The Code Enforcement
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. Inspections shall be performed
by the Code Enforcement Officer or by a professional engineer or a
certified professional in erosion and sediment control, provided such
professionals submit a report to the Planning Board.
D.
Submission of reports. The Code Enforcement Officer may require monitoring
and reporting from entities subject to this article as are necessary
to determine compliance with this article.
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 Town of Pompey, or its agents or employees, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
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 Town of Pompey in
its approval of the stormwater pollution prevention plan, the Town
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 Town of Pompey as the beneficiary.
The security shall be in an amount to be determined by the Town 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 Town, 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 Town. 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 Town 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 Town may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
C.
Recordkeeping. The Town may require entities subject to this article
to maintain records demonstrating compliance with this article.
A.
Notice of violation. When the Town determines that a land development
activity is not being carried out in accordance with the requirements
of this article, it may issue a written notice of violation to the
landowner. The notice of violation shall contain:
(1)
The
name and address of the landowner, developer or applicant;
(2)
The
address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)
A
statement specifying the nature of the violation;
(4)
A
description of the remedial measures necessary to bring the land development
activity into compliance with this article and a time schedule for
the completion of such remedial action;
(5)
A
statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6)
A
statement that the determination of violation may be appealed to the
municipality by filing a written notice of appeal within 15 days of
service of a notice of violation.
B.
Stop-work orders. The Town 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 activities that
address the violations leading to the stop-work order. The stop-work
order shall be in effect until the Town confirms that the land development
activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner
may result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this article.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this article 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 article
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this article
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
article, the Code Enforcement 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 Town may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
The Town may require any person undertaking land development
activities regulated by this article to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed
by the Town or performed by a third party for the Town.
