A.
Erosion and sediment control inspection. The Village of Cedarhurst
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 of Cedarhurst
enforcement official at least 48 hours before any of the following
as required by the stormwater management officer:
(1)
Start of construction.
(2)
Installation of sediment and erosion control measures.
(3)
Completion of site clearing.
(4)
Completion of rough grading.
(5)
Completion of final grading.
(6)
Close of the construction season.
(7)
Completion of final landscaping.
(8)
Successful establishment of landscaping in public areas.
B.
If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the stormwater management
officer.
The Village of Cedarhurst Stormwater Management Officer, is
responsible for conducting inspections of stormwater management practices
(SMPs). All applicants are required to submit "as built" plans for
any stormwater management practices located on-site after final construction
is completed. The plan must show the final design specifications for
all stormwater management facilities and must be certified by a professional
engineer.
Inspection programs shall be established on any reasonable basis,
including, but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher than
usual discharges of contaminants or pollutants or with discharges
of a type which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include,
but are not limited to; reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water
in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater management practices.
The Village of Cedarhurst Stormwater Management Officer may
require monitoring and reporting from entities subject to this chapter
as are necessary to determine compliance with this chapter.
When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Village of Cedarhurst the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 209-15.
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 Cedarhurst
in its approval of the stormwater pollution prevention plan, the Village
of Cedarhurst 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 Cedarhurst as the beneficiary. The security shall be in an amount
to be determined by the Village of Cedarhurst 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 Cedarhurst, provided
that such period shall not be less than one year from the dale 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 Cedarhurst. 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 Cedarhurst 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 Cedarhurst
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Village of Cedarhurst may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the Village of Cedarhurst 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 Village of Cedarhurst 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 of
Cedarhurst 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 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 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 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.
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.
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 Cedarhurst may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
The Village of Cedarhurst may require any person undertaking
land development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Village of Cedarhurst or performed by
a third party for the Village of Cedarhurst.