A.
The Village of Lynbrook Stormwater Management Officer in conjunction with the Village Superintendent of Department of Buildings may require such inspections as necessary to determine compliance with this chapter and Ch. 252, Art. XVII, 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 Ch. 252, Art. XVII, and the stormwater pollution prevention plan (SWPPP) as approved.
(1)
To obtain inspections, the applicant shall notify the Village of
Lynbrook 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 of Lynbrook
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.
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.
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 of Lynbrook 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 Village of Lynbrook
in its approval of the stormwater pollution prevention plan, the Village
of Lynbrook 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 Lynbrook as the beneficiary. The security shall be in an amount
to be determined by the Village of Lynbrook 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 Lynbrook, provided that
such period shall not be less than one year from the date of final
acceptance or such other certification that the facilities 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 Lynbrook. 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 Lynbrook 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 Lynbrook
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
A.
Notice of violation. When the Village of Lynbrook determines that a land development activity is not being carried out in accordance with the requirements of this chapter and Ch. 252, Art. XVII, 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;
(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 Lynbrook Village Board by filing a written notice of appeal within
15 days of service of notice of violation.
B.
Stop-work orders. The Village of Lynbrook may issue a stop-work order for violations of this chapter and Ch. 252, Art. XVII. 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 Lynbrook 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 and Ch. 252, Art. XVII.
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 and Ch. 252, Art. XVII, 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 and Ch. 252, Art. XVII, 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 chapter and Ch. 252, Art. XVII, the Stormwater Management Officer may in conjunction with the Superintendent of Department of Buildings 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 Village of Lynbrook
may take necessary corrective action, the cost of which shall become
a lien upon the property and collected in the manner of real estate
taxes until paid.
The Village of Lynbrook Architectural Review Board may require any person undertaking land development activities regulated by this chapter and Ch. 252, Art. XVII, to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of Lynbrook or performed by a third party for the Village of Lynbrook.
