A.
Erosion and sediment control inspection. The Town of Onondaga Stormwater
Management Officer may require or conduct such inspections as necessary
to determine compliance with this Part 1 and may either approve that
portion of the work completed or notify the applicant wherein the
work fails to comply with the requirements of this Part 1 and the
stormwater pollution prevention plan (SWPPP) as approved. To obtain
inspections, the applicant shall notify the Town of Onondaga 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.
C.
Stormwater management practice inspections. The Town of Onondaga
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 licensed in the State
of New York.
D.
Inspection of stormwater facilities after project completion.
(1)
Inspection programs shall be established on any reasonable basis,
including but not limited to:
(a)
Routine inspections;
(b)
Random inspections;
(c)
Inspections based upon complaints or other notice of possible
violations;
(d)
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
(e)
Joint inspections with other agencies inspecting under environmental
or safety laws.
(2)
Inspections may include, but are not limited to:
E.
Submission of reports. The Town of Onondaga Stormwater Management
Officer may require monitoring and reporting from entities subject
to this Part 1 as are necessary to determine compliance with this
Part 1.
F.
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 Onondaga the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this § 249-12.
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 Onondaga in
its approval of the stormwater pollution prevention plan, the Town
of Onondaga 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 Onondaga as the beneficiary. The security shall be in an amount
to be determined by the Town of Onondaga 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 Onondaga, 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 of Onondaga. 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, shall be
required to enter into a developer agreement with the Town of Onondaga
setting forth maintenance and operation requirements and enforcement
alternatives, in a form acceptable to the Town. If said stormwater
management and erosion and sediment control facilities are not properly
operated and maintained in accordance with said developer agreement,
the Town shall give the developer and/or entity landowner 30 days'
written notice to comply with the operation and maintenance provisions
of the said agreement or approved plans. If the developer and/or entity
landowner shall fail to so comply with the operation and maintenance
provisions of the said agreement or approved plans within said thirty-day
period, the Town may take such remedial steps as are necessary to
bring said facility into compliance with the said operation and maintenance
requirements of said agreement or approved plans and the cost of such
remedial measures shall be assessed as a lien on the property and
shall be charged to the landowner's tax bill.
[Amended 8-6-2012 by L.L. No. 4-2012]
The Town of Onondaga shall require entities subject to this
Part 1 to maintain records demonstrating compliance with this Part
1.
A.
Notice of violation. When the Town of Onondaga determines that a
land development activity is not being carried out in accordance with
the requirements of this Part 1, it may issue a written notice of
violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring the land
development activity into compliance with this Part 1 and a time schedule
for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed; and
(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 Town of Onondaga may issue a stop-work order
for violations of this Part 1. Persons receiving a stop-work order
shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the Town of Onondaga
confirms that the land development activity is in compliance and the
violation has been satisfactorily addressed. Failure to address a
stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this Part 1.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this Part 1 may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this Part
1 shall be guilty of a violation punishable by a fine not exceeding
$1,000 or imprisonment for a period not to exceed one year, or both
for each conviction. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this Part
1 shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
E.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
Part 1, the Stormwater Management Officer may prevent the occupancy
of said building or land.
F.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town of Onondaga
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
Any person undertaking land development activities regulated
by this Part 1 shall reimburse the Town for all expenses and costs
associated with compliance with these requirements, including, but
not limited to, engineering and legal expenses.
