A. 
Erosion and sediment control inspection.
(1) 
The Town of Smithtown 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 SWPPP as approved. To obtain inspections, the applicant shall notify the Town of Smithtown Engineering Department at least 48 hours before any of the following:
(a) 
Start of construction activity(ies).
(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 issued a notice of inspection by the Stormwater Management Officer stating 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 Smithtown Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "record" 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 or land surveyor licensed in the State of New York.
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.
D. 
Submission of reports. The Town of Smithtown Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
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 Smithtown the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 153-12C.
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 Smithtown in its approval of the stormwater pollution prevention plan, the Town of Smithtown 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 Smithtown as the beneficiary. The security shall be in an amount to be determined by the Town of Smithtown 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 Smithtown, 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 Smithtown. 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 Smithtown 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 Smithtown may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C. 
Recordkeeping. The Town of Smithtown may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
[Amended 5-22-2025 by Res. No. 2025-566]
A. 
Notice of violation.
(1) 
When the Town of Smithtown 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 be either hand delivered or sent certified mail and shall contain:
(a) 
The name and address of the landowner, developer or applicant.
(b) 
The address, when available, or a description of the physical location of the building, structure or land upon which the violation is occurring.
(c) 
A statement specifying the nature of the violation.
(d) 
A description of the recommended remedial measures necessary to bring the land development activity into compliance with this chapter and a time schedule of 15 days for the completion of such remedial action.
(e) 
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.
(f) 
A statement that the determination of violation may be appealed to the Stormwater Management Officer by filing a written notice of appeal within 15 days of service of the notice of violation.
(2) 
Failure to address a notice of violation in a timely manner may result in a stop-work order or in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
B. 
Stop-work orders. The Stormwater Management Officer 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 SMO confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to comply with a stop-work order may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
C. 
Violation and penalties.
(1) 
The violation of any of the provisions of this chapter of the Code of the Town of Smithtown shall be punishable by a fine or imprisonment, or both; however, for the purpose of conferring jurisdiction upon the courts and judicial officers, such violations shall be deemed to be misdemeanors and for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Notwithstanding the foregoing, any person, firm, association or corporation violating any provisions of this chapter of the Code of the Town of Smithtown 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 for conviction of 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. A separate offense shall be deemed committed for each week the violation continues.
(2) 
The Town Attorney is authorized to institute any and all actions and proceedings necessary to enforce this chapter. The Town Attorney is also authorized to seek damages and any civil penalties in any civil action, and such penalties shall be in addition to and not in lieu of any criminal prosecution and penalty.
(a) 
In the event of any actual or pending violation of this chapter, the Town Attorney may, in addition to other remedies, institute any appropriate action or proceeding to prevent, restrain, correct or abate such violation.
(b) 
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain or correct such violation or to prevent the occupancy of said site, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(c) 
In addition to any fine or penalty imposed, the defendant shall pay all costs and expenses incurred by the Town in determining such violation.
(3) 
Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.
D. 
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter the Stormwater Management Officer, by written notification to the Chief Building Inspector, may prevent the occupancy of said building or land.
E. 
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 Smithtown may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
A. 
Any person undertaking land development activities regulated by this chapter shall be required to pay a fee to the Town to pay for review of stormwater pollution prevention plans, inspections, or SMP maintenance performed by the Town of Smithtown or performed by a third party at the direction of the Town. A fee schedule shall be established by the Town Engineer and adopted by resolution by the Town Board. The fee schedule may be amended annually as deemed necessary by the Town Engineer.
B. 
All fees generated by this chapter shall be credited to a revenue account identified as "Stormwater Management." Monies accumulated by this account will be used by the Engineering Department to support stormwater management and erosion and sediment control within the Town of Smithtown.
This chapter shall become effective immediately upon filing with the Secretary of State of the State of New York.