A.
Erosion and sediment control inspection.
(1)
The Town of West Seneca 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 stormwater pollution
prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the Town of West Seneca 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 Town
of West Seneca 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
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
of 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 West Seneca 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 of 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 West Seneca the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspections specified in Subsection C.
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
West Seneca in its approval of the stormwater pollution prevention
plan, the Town of West Seneca 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 West Seneca as the beneficiary. The security
shall be in an amount to be determined by the Town of West Seneca
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 West Seneca, 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 West Seneca. 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 West Seneca 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 West Seneca
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Town of West Seneca may require
entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
A.
Notice of violation. When the Town of West Seneca
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 contain the following:
(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 chapter
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;
(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 West Seneca 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 of West Seneca 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.
C.
Violations. Any land development activity that is
commenced or is conducted to this chapter 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 chapter shall be guilty of a violation punishable
by a fine not exceeding $350 or imprisonment for 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 only all
provisions upon courts and judicial officers generally, violations
of this chapter 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, 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 West Seneca may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
The Town of West Seneca 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 SMP maintenance performed by the Town of West Seneca
or performed by a third party for the Town of West Seneca.
[Amended 2-4-2013 by L.L. No. 1-2013]
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity
shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which
are installed or used by the applicant or developer to achieve compliance
with the conditions of this chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)
For land development activities as defined in § 102A-6 of this chapter and meeting Condition A, B and C in § 102A-7B(2), the applicant shall have a qualified inspector conduct construction site inspections. Refer to the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity, most current or its successor, for inspection requirements.
B.
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of
West Seneca to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this chapter. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the counsel for the
Town of West Seneca.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure they are operated and maintained to achieve the
goals of this chapter. Proper operation and maintenance also includes,
at a minimum, the following:
D.
Maintenance agreements. For commercial, institutional or industrial
developments, the Town of West Seneca shall approve a formal maintenance
agreement for stormwater management facilities binding on all subsequent
landowners and recorded in the office of the County Clerk as a deed
restriction on the property prior to final plan approval. The maintenance
agreement shall be consistent with the terms and conditions of Schedules
A and B of this chapter entitled "Sample Stormwater Control Facility
Maintenance Agreement."[1]
[1]
Editor's Note: Said schedules are included at the end
of this chapter.
E.
The Town of West Seneca, in lieu of a maintenance agreement, at its
sole discretion, may accept dedication of any existing or future stormwater
management facility for residential or townhome developments, provided
such facility meets all the requirements of this chapter and includes
adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance. The owner(s) shall
provide an engineer's report in order to establish a drainage
benefit area (DBA) which, at a minimum, provides the following:
(1)
Plans and specifications: provide an overall description of
the drainage benefit area and the improvements. Include an operations
and maintenance plan that ensures continuous and effective operation
of each post-construction stormwater management practice. Refer to
Schedule C of this chapter for practices acceptable for dedication
to the Town for maintenance responsibility.
(2)
Estimate of cost: the net amount to be assessed on the lots
or parcels within each district for the total cost of maintenance
and servicing for each fiscal year with adjustments either positive
or negative for reserves, surpluses, deficits, and/or contributions.
For future facilities, the developer shall be required to pay an initial
fee of $500 per lot or parcel in an escrow account that is created
for said drainage benefit area; accruing interest shall remain within
the escrow account.
(3)
Assessment diagram: the diagram of the DBA boundaries showing
the exterior boundaries of the DBA and the lines and dimensions of
each lot or parcel of land within the DBA. A legal description of
said boundary shall accompany the diagram.
(4)
Assessment roll: an assessment of the estimated cost of the
improvements on each benefited lot or parcel of land within the DBA.
(5)
Method of assessment: the method of apportionment of assessments,
indicating the proposed assessment of the net amount of the costs
and expenses of the improvements to be assessed upon the lots and
parcels of land within the DBA, in proportion to the estimated benefits
to be received by such lots and parcels.
F.
Existing facility dedication. The Town may accept dedication of existing
stormwater management facilities, provided that the following conditions
are met:
(1)
All owners of the lands which constitute the entire stormwater
management facility shall accept the dedication of properties to the
Town.
(2)
Maintenance easements are in place as necessary for Town access
as specified in this chapter.
(3)
The facility is in good working order and regular maintenance
has been performed. If the facility is in need of repair or maintenance,
costs of such repair, to bring the facility into compliance, as determined
by the Town Engineer, shall be incurred by the facility owners and
property owners that are part of the future drainage benefit area.
(4)
An engineer's report has been developed, in accordance
with this chapter, to establish a drainage benefit area.
G.
Inspection after construction. The Town of West Seneca shall be allowed
to enter the owner's or operator's premises, upon the presentation
of credentials, where a regulated facility or activity is located
to ensure optimum performance of the measures as designed or if there
is a reasonable likelihood of adversely affecting human health or
the environment.
