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.
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.
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.
Wherever this chapter is inconsistent with any other ordinance
of the Town of Mamaroneck, whichever imposes the more stringent restrictions
shall prevail.
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.