[Effective 3-21-2006]
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 tend 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 base flow.
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 nature functions of a particular site
or an entire watershed and thereby mitigate the adverse effects of
erosion and sedimentation from development.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 386 hereof. This article seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of the State Pollutant
Discharge Elimination System (hereinafter "SPDES") General Permit
for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (hereinafter, "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 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 ensure that these management practices are properly
maintained and eliminate threats to public safety.
A.
In accordance with Article 16 of the Town Law of the State of New York and § 10 of the Municipal Home Rule Law of the State of New York, the Town Board has the authority to enact and amend local laws and ordinances for the purpose of promoting the health, safety or general welfare of the Town of Hempstead and for the protection and enhancement of its physical environment. The Town Board may include in any such ordinance or local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such ordinance or local law.
A.
This article shall be applicable to all land development activities as defined by § 390 of this ordinance.
B.
The Town of Hempstead shall designate a Stormwater Management Officer
who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable Town board. The Stormwater
Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the Town Board of the Town of Hempstead, engage
the services of a registered 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 that the plans
conform to the requirements of this law.
C.
All land development activities subject to review and approval by
the Town Board of the Town of Hempstead under site plan and/or subdivision
and/or special permit regulations shall be reviewed subject to the
standards contained in this article, as well as such collateral regulations
which do not conflict herewith.
D.
All land development activities not subject to review as stated in Subsection C shall be required to submit a stormwater pollution prevention plan (hereinafter, "SWPPP") to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this law.
E.
Other sites deemed by the Stormwater Management Officer as necessary.
The following activities may be exempt from review under this
law:
A.
Agricultural activity as defined in this article.
B.
Silvicultural activity, except that landing areas and log haul roads
are subject to this law.
C.
Routine maintenance activities that disturb fewer 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 Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision has been
approved by the Town of Hempstead on or before the effective date
of this law.
F.
Land development activities for which a building permit has been
approved on or before the effective date of this law.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, 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.
K.
Landscaping and horticultural activities in connection with an existing
structure.
The terms used in this article shall have the meaning as set
forth in this section.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
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.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, and 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, habitats for threatened,
endangered or special concern species.
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 that requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt, and drainage.
A land user 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 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
waters 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 the waters of the state (such as disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be reviewed until
the Department of Engineering has received a stormwater pollution
prevention plan (SWPPP) prepared in accordance with the specifications
in this article.
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 the 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 discharge(s). [The site map should be
at a scale no smaller than one inch equals 100 feet (e.g., one inch
equals 500 feet is 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 Standard and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than one acre 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 drawings 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 basis.
(j)
Temporary practices that will be converted to permanent control
measures.
(k)
An 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)
A 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.
(p)
Any existing data that describes the stormwater runoff at the
site.
(2)
Land development activities as defined in § 390 and meeting Condition A, B, or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) 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 of land.
(c)
Condition C: Stormwater runoff from land development activity
disturbing between one acre and five acres of land during the course
of the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
(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.
C.
Plan certification. The SWPPP shall be prepared by a New York State
licensed landscape architect, certified erosion control specialist,
or New York State licensed professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meets the requirements
in this article.
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 l 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 contract 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
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 law:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Water quality standards. No land development activity shall cause
an increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the State of New York.
A.
Maintenance during construction.
(1)
The applicant 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%.
(2)
The applicant or his/her/its 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 logbook.
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
Hempstead.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
law shall operate and maintain to achieve goals of this law. 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) that
are installed or used by the owner or operator to achieve the goals
of this article.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
(3)
Executed contract with outside maintenance operators.
D.
Maintenance agreements. The Town of Hempstead shall approve a formal
maintenance agreement for stormwater management facilities binding
on all subsequent landowners and recorded in the Office of the County
Clerk as a deed restriction on the property prior to final plan approval.
A.
Severability. If any provision(s) of this article shall be judged
invalid by a court of competent jurisdiction, such order of judgment
shall not affect or invalidate the remainder of this article or the
Building Zone Ordinance.
B.
Effective date. This Ordinance shall take effect immediately as provided
in the Town Law of the State of New York.
A.
Erosion and sediment control inspection.
(1)
The Town of Hempstead Stormwater Management Officer or duly appointed
agent 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 law and the stormwater pollution prevention
plan (SWPPP) as approved. To obtain inspections, the applicant shall
notify the Town of Hempstead 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)
Reopening of the construction season.
(h)
Completion of final landscaping.
(i)
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 Town of Hempstead
Stormwater Management Officer or appointed agent 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 New York State licensed
professional engineer.
C.
Inspection of stormwater facilities on established sites. 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' inspection 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 evaluation of the condition of drainage control facilities
and other stormwater management practices.
D.
Submission of reports. The Town of Hempstead Stormwater Management
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 stormwater management facility is installed on private property or when any connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Hempstead the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
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 Hempstead
in its approval of the stormwater pollution prevention plan, the Town
of Hempstead 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 Hempstead as the beneficiary. The security shall be in an amount
to be determined by the Town of Hempstead 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 of Hempstead, provided that
such period shall not be less than one year from the date of final
acceptance or such other certification that the facility(ies) has
been constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the facilities
have been found to be acceptable to the Town of Hempstead. 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 of Hempstead 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 of Hempstead
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Town of Hempstead may require entities subject
to this law to maintain records demonstrating compliance with this
article.
A.
Notice of violation. When the Town of Hempstead determines that a
land development activity is being carried out not in accordance with
the requirements of this article, it may issue a written notice of
violation to the landowner or other person in control of the premises.
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 Town by filing a written notice of appeal within 15 days of service
of the notice of violation.
B.
Stop-work orders. The Town of Hempstead may issue a stop-work order
for violation 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, or except those activities necessary to secure the site. The
stop-work order shall be in effect until the Town of Hempstead 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 provision 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 Stormwater Management Officer may prevent the occupancy
of said building or land, and any order he or she may issue in that
regard shall be enforceable, either with or without Court order, by
the Nassau County Police Department and/or by any law enforcement
agency of the State of New York.
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 of Hempstead
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid, filed in the office of the Nassau
County Clerk and indexed against the property's tax lot designation.
The Town of Hempstead 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 of Hempstead or performed by a third
party for the Town of Hempstead.
