A. 
All land development activities shall be subject to the performance and design criteria set forth in this section.
B. 
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 article:
(1) 
The Design Manual.
(2) 
The Erosion Control Manual.
C. 
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. 
Notwithstanding any of the foregoing, any applicant for any demolition or building permit shall be required to offset by on-site retention the increase in the rate of surface water runoff from the proposed development. This shall be done to the satisfaction of the Stormwater Management Officer.
B. 
Exceptions.
(1) 
When the Stormwater Management Officer finds that the increase cannot be offset satisfactorily by on-site retention, he/she may permit the increment of the increase which cannot be retained ("increment") to be carried away by the land's natural drainage, provided that such increment will not impair the permitted use or development of those lands over or onto which such water will naturally flow.
(2) 
When the Stormwater Management Officer finds that the increase cannot be offset satisfactorily by on-site retention, he/she may permit such increment to be discharged into a Town stormwater facility, provided that the applicant has established that the Town facility has sufficient capacity. Where he/she determines it to be necessary, the Stormwater Management Officer shall require the installation of water quality improvement measures prior to such connection. The Stormwater Management Officer may waive or reduce any of the requirements of this section if he/she determines that such existing Town stormwater facility is of adequate size and will discharge surface water runoff directly to a watercourse or the Long Island Sound without adversely affecting drainage from any other area.
A. 
In order to ensure the full and faithful completion of all land development activities the Town of Mamaroneck shall 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 Mamaroneck as the beneficiary. The security shall be in an amount to be determined by the Stormwater Management Officer 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 Stormwater Management Officer, 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 Stormwater Management Officer.
B. 
In cases where a wetlands and watercourses permit has been issued to the same applicant, the Stormwater Management Officer may allow a single bond for both permits if it is determined that such bond is sufficient for the purposes of this chapter and Chapter 114, Wetlands and Watercourses.
C. 
By acceptance of the permit, the owners of the property, their heirs, successors and assigns shall be responsible for the future maintenance, repair and replacement of all required stormwater management facilities to the satisfaction of the Stormwater Management Officer.
D. 
Slopes which are found to be eroding excessively within one year after completion of all work must be provided with additional stabilizing measures until the problem is corrected. If erosion continues, the Town will take such measures as necessary to achieve stabilization and charge the owners of the property, their heirs, successors and assigns for the costs incurred in achieving stabilization.
Where stormwater management practices are to be operated and maintained after the project is completed, the person or entity responsible for its operation or maintenance shall be required to provide the Town of Mamaroneck with a performance bond, cash escrow account or an irrevocable letter of credit from an approved financial institution or surety which ensures the proper operation and maintenance of all stormwater management practices after construction. If the stormwater management practice is not properly operated or maintained, the Town of Mamaroneck may draw upon the performance bond, cash escrow account or irrevocable letter of credit to cover the costs of proper operation and maintenance, including engineering, inspection costs and attorney's fees.
The Town of Mamaroneck may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
A. 
Violations.
(1) 
If the Stormwater Management Officer determines that there exists a violation of the terms and conditions of any surface water and erosion control permit or stormwater pollution prevention permit issued pursuant to this chapter, written notification of such violation shall be given to the applicant by posting a copy at the site and by mailing a copy to the applicant's last known address.
(2) 
All such notifications of violations shall contain the time, place and nature of the violation, the time within which the violation must be corrected and a statement that the permit will be suspended or revoked if the applicant fails to correct the violation.
(3) 
If the applicant fails to correct any violation of the terms and conditions of the permit issued pursuant to this chapter within the time period specified, or within 30 days if no time is specified, the Stormwater Management Officer may cause the violation to be corrected. The cost thereof shall be assessed against the property upon which the violation occurred. Such amount shall be levied against the property in the same manner as Town taxes are levied, and it shall constitute a lien upon the property. The Town can use the bond to satisfy such an assessment or lien, and the applicant will remain liable for any amount not satisfied by the bond.
(4) 
Failure of the applicant or its successors and assigns to maintain, repair or replace a stormwater management practice in an appropriate manner shall be a violation of this chapter. If the Stormwater Management Officer determines that such a violation has occurred, written notification of such violation shall be given to the applicant or its successor or assign by posting a copy at the site and by mailing a copy to the address of the property. All such notifications of violations shall contain the time, place and nature of the violation and the time within which the violation must be corrected.
(5) 
If the applicant or its successors or assigns fails to correct the violation in the maintenance, repair or replacement of a stormwater management practice within the time period specified, or within 30 days if no time is specified, the Stormwater Management Officer may cause the violation to be corrected. The cost thereof shall be assessed against the property upon which the violation occurred. Such amount shall be levied against the property in the same manner as Town taxes are levied, and it shall constitute a lien upon the property. The Town can use the bond to satisfy such an assessment or lien, and the applicant will remain liable for any amount not satisfied by the bond.
A. 
Any person who violates this chapter 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 may take necessary corrective action. The cost thereof shall be assessed against the property upon which the violation occurred. Such amount shall be levied against the property in the same manner as Town taxes are levied, and it shall constitute a lien upon the property.
B. 
The Town 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 stormwater management practice maintenance performed by the Town or performed by a third party for the Town.
The Town 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 Town 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.
No permanent certificate of occupancy shall be issued unless the terms and conditions of this chapter have been complied with to the satisfaction of the Stormwater Management Officer.
A. 
If the Stormwater Management Officer determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, watercourse or drainage structure, the Stormwater Management Officer may order that reasonable special precautions be taken to avoid the likelihood of such peril. "Special precautions" may include but shall not be limited to a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing, installation of plant materials for erosion control or recommendations of the applicant's experts.
B. 
The Stormwater Management Officer shall have the authority to suspend or revoke a surface water and erosion control permit or stormwater pollution prevention permit if:
(1) 
Activities at the site are not in accordance with the surface water and erosion control plan or the SWPPP, as the case may be; or
(2) 
If, in the Stormwater Management Officer's opinion, continuation of construction in accordance with the surface water and erosion control plan or the SWPPP, as the case may be, is likely to imperil any property, public way, watercourse or drainage structure.
C. 
Any person who violates any of the provisions of this chapter shall be liable for a civil penalty of not more than $2,500 for the first day and an additional penalty of not more than $2,000 for each additional day during which such violation continues.
D. 
The Town may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this chapter or the terms and conditions of any permit granted hereunder.
E. 
Every surface water and erosion control permit shall expire and become null and void if the work authorized by such permit has not begun within six months of issuance. If the applicant must obtain a building permit as well as a surface water and erosion control permit, the surface water and erosion control permit shall be valid so long as the building permit is valid. In all other cases, the surface water and erosion control permit shall be valid for two years. If written application is made before the expiration date of the permit, the Stormwater Management Officer may, if the applicant presents satisfactory evidence that unusual difficulties have prevented the start or completion of work within the specified time limits, grant a reasonable extension of time.
F. 
Every stormwater pollution prevention permit shall expire and become null and void if the work authorized by such permit has not begun within one year of issuance or is not completed within five years of issuance, except that if written application is made before the expiration date of the permit, the Stormwater Management Officer may, if the applicant presents satisfactory evidence that unusual difficulties have prevented the start or completion of work within the specified time limits, grant a reasonable extension of time.
A. 
The applicant shall not commence the work authorized by a surface water and erosion control permit or stormwater pollution prevention permit unless the applicant has notified the Stormwater Management Officer at least two business days before commencing work.
B. 
The 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 surface water and erosion control plan or the stormwater pollution prevention plan as approved. To obtain inspections, the applicant shall notify the Stormwater Management Officer at least 48 hours before any of the following:
(1) 
Start of construction;
(2) 
Installation of erosion and sediment control devices;
(3) 
Installation of stormwater management practices;
(4) 
Completion of site clearing;
(5) 
Completion of rough grading;
(6) 
Completion of final grading;
(7) 
Close of the construction season;
(8) 
Completion of final landscaping; and
(9) 
Establishment of landscaping in public areas.
The Town may enter upon the applicant's property for the purpose of making any investigation, inspection, survey or other activity that may be necessary for any of the purposes of this chapter. If the applicant does not consent to such entry, the appropriate Town official is empowered to apply to the Town Court for an administrative search warrant permitting such inspection.
If the provisions of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this chapter.
A. 
Upon the filing of an application for a surface water and erosion control permit or a stormwater pollution prevention permit, the fees denoted in Chapter A250 shall be paid, except that no fee shall be required when the separate permit requirement has been waived by the Stormwater Management Officer in accordance with § 95-9.
(1) 
Filing fees.
(a) 
For a surface water and erosion control permit for a parcel with an existing one- or two-family dwelling: $200.
(b) 
For a surface water and erosion control permit for the construction of a new one- or two-family dwelling on either a vacant parcel or on a parcel where greater than 50% of an existing residence is demolished: $375.
(c) 
For a surface water and erosion control permit in all other cases: $375.
(d) 
For a stormwater pollution prevention permit: $500.
(2) 
Permit fees.
(a) 
For a surface water and erosion control permit for a parcel with an existing one- or two-family dwelling: $150.
(b) 
For a surface water and erosion control permit for the construction of a new one- or two-family dwelling on either a vacant parcel or on a parcel where greater than 50% of an existing residence is demolished: $200.
(c) 
For a surface water and erosion control permit in all other cases: $300. If the anticipated cost of the work covered by the permit exceeds $5,000, there shall be, in addition to the minimum fee, an additional fee of 6% of the anticipated cost that exceeds $5,000. This 6% is not part of the engineering fee for site plan approval.
(d) 
For a stormwater pollution prevention permit: $500.
(3) 
Fee for applicant-requested modification: $75 for each modification, provided that no work has commenced. If work pursuant to the permit has commenced, the modification fee will be $125 per modification.
(4) 
The minimum inspection fee for a parcel with a one- or two-family dwelling will be $100; for all other residential parcels, $150, and for commercial parcels, $250.
(5) 
If work is commenced prior to the permit being issued, all fees for the project will be doubled.
B. 
If an application for the surface water and erosion control permit is not approved, the applicant shall not be entitled to a refund of any filing or modification fee(s).