[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Land disturbance activities and associated increases in impervious
cover alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion,
and sediment transport and deposition. This stormwater runoff contributes
to increased quantities of water-borne pollutants. Stormwater runoff,
soil erosion and nonpoint source pollution can be controlled and minimized
through the regulation of stormwater runoff from development sites.
B.
During the construction process, soil is the most vulnerable to erosion
by wind and water. This eroded soil endangers water resources by reducing
water quality, and causing the siltation of aquatic habitat for fish
and other desirable species. Eroded soil also necessitates maintenance
and/or repair of sewers and ditches, and the dredging of waterways.
In addition, clearing and/or grading during construction tends to
increase soil erosion and causes the loss of native vegetation necessary
for terrestrial and aquatic habitat, and to provide a healthy living
environment for citizens of the Village of Webster. Improper design
and construction of stormwater management practices can increase the
velocity of stormwater runoff thereby increasing stream bank erosion
and sedimentation. Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow. Regulation of land disturbance activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
C.
As a result, the purpose of this local regulation is to safeguard
public health, protect property, prevent damage to the environment
and promote the public welfare by guiding, regulating, and controlling
the design, construction, use, and maintenance of any development
or other activity which disturbs or breaks the topsoil or results
in the movement of earth on land in the Village of Webster. It seeks
to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5 of the SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-02-02 or as amended or revised;
(2)
Require land disturbance activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities or as amended or revised;
(3)
Minimize increases in stormwater runoff from land disturbance activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
(4)
Minimize increases in pollution caused by stormwater runoff from
land disturbance activities which would otherwise degrade local water
quality;
(5)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
As used in this article, the following terms shall have the
meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land disturbance activity.
Any activity which removes the vegetative surface cover.
Individual(s) directed by the Village of Webster to conduct
site inspections and/or perform other municipal duties.
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
Measures that minimize erosion.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures such as the use of mulches or geotextiles
have been employed on all unpaved areas and areas not covered by permanent
structures.
Excavation or fill of material, including the resulting conditions
thereof.
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet of total land area that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land disturbance activities may take place at different
times on different schedules.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
The most recent version of this publication which is commonly
known as the "Blue Book."
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates that serves as the official
guide for stormwater management principles, methods and practices.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Measures that prevent eroded sediment from leaving the site.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation:
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements, which show the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
The first land disturbance activity associated with a development,
including: land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic ocean within the territorial seas of the state of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A channel that directs surface runoff to a watercourse, or
to the public storm drain.
This article shall be applicable to all land disturbance activities that will disturb greater than or equal to 25,000 square feet of land unless exempted under § 130-7C of this article. This article also applies to land disturbance activities that are less than 25,000 square feet disturbance if such activities are part of a larger common plan of development or sale that will disturb greater than or equal to 25,000 square feet, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
A.
Compliance with this article does not relieve the applicant of the
obligation and responsibility to obtain separate coverage under the
NYSDEC SPDES General Permit for Construction Activities if required.
For projects also applying for coverage under the NYSDEC SPDES General
Permit for Stormwater Discharges from Construction Activity, the applicant
shall submit a copy of the stormwater pollution prevention plan (SWPPP),
a notice of intent (NOI) with a certification statement, including
the date demonstrating submission to the NYSDEC, a letter of permission
from the NYSDEC granting approval to disturb five acres or greater
of land at one time (if applicable) and any related documents to the
Village of Webster for review and approval.
B.
The requirements of this article should be considered minimum requirements
and where any provision of this article imposes restrictions different
from those imposed by any other federal, state, or local law, rule
or regulation, or other provision of law, the provisions that are
more restrictive or impose more stringent requirements shall take
precedence.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Village of Webster Board has the
authority to enact laws for the purpose of promoting the health, safety,
or general welfare of the Village of Webster, including the protection
and preservation of the property of its inhabitants. By the same authority,
Village of Webster Board may include in any such law provisions for
the appointment of any municipal employees to effectuate and administer
such law.
A.
The Village of Webster requires the use of technical standards for
erosion and sediment controls. These are detailed in the Village of
Webster Design Criteria and the New York State Department of Environmental
Conservation's Standards and Specifications for Erosion and Sediment
Control. For the design of water quality and water quantity controls
(postconstruction stormwater runoff control practices), the NYSDEC's
technical standards are detailed in the New York State Stormwater
Management Design Manual.
B.
Where stormwater management practices are not in accordance with
the aforementioned technical standards, the applicant or developer
must demonstrate equivalence to these technical standards and the
SWPPP shall be prepared by a licensed/certified professional.
A.
Requirements of application.
(1)
Any applicant requesting site plan approval or a permit for land
disturbance activity which would require the disturbance of greater
than or equal to 25,000 square feet of land shall also include with
a submission a SWPPP that shall be reviewed and approved by the Village
of Webster prior to issuance of the final site plan approval or a
permit.
(2)
No applicant shall be granted site plan approval or a permit which
would require the disturbance of greater than or equal to 25,000 square
feet of land without the review and approval of a SWPPP by the Village
of Webster.
(3)
Furthermore, prior to the issuance of a permit or site plan approval all projects that would result in the disturbance of greater than or equal to 25,000 square feet of land will be required to comply with all applicable provisions of Chapter 130, Article II, Postconstruction Stormwater Pollution Prevention. As part of the SWPPP the applicant shall include a signed statement that all applicable requirements of Chapter 130, Article II, Postconstruction Stormwater Pollution Prevention, have been met to the satisfaction of the Village of Webster.
(4)
Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 130-13.
(5)
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 130-9 of this article.
(6)
Each application shall include a statement that any land clearing,
construction, or development involving the movement of land shall
be in accordance with the submitted SWPPP.
(7)
All land disturbance activities as defined in § 130-2 of this article not subject to site plan or permit approval shall be required to submit a SWPPP to the Stormwater Management Officer designated by the Village of Webster who shall approve the SWPPP if it complies with the requirements of this article.
B.
Review and approval of application: two copies shall be submitted
to the Building Department and eight copies to the Zoning Board of
Appeals[1] for review.
[1]
Editor's Note: Local Law No. 3-2020, adopted 11-12-2020, abolished
the existing Planning Board and Zoning Board of Appeals and created
a new Zoning Board of Appeals. Pursuant to this local law, the reference
to "Planning Board" in this subsection was changed to "Zoning Board
of Appeals."
C.
Exemptions. The following activities are exempt from review under
this article:
(1)
Any emergency activity which is immediately necessary for the protection
of public health, property or natural resources.
(2)
Agricultural activity as defined in this article.
(3)
Silvicultural activity except that landing areas and log haul roads
are subject to this article.
(4)
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(5)
Repairs to any stormwater treatment practice deemed necessary by
Village of Webster.
The Village of Webster may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Village of Webster prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 130-11 of this article. At its discretion, the Village of Webster may allow for a partial release of the financial guarantee based on the completion of various development stages.
A.
The Village of Webster shall designate a Stormwater Management Officer
who shall accept and review all SWPPPs and forward such plans to the
applicable municipal board. A consultant cannot be appointed as a
Stormwater Management Officer. The Stormwater Management Officer may:
(1)
Review
the plans;
(2)
Upon
approval by the Village Board of Trustees, engage the services of
a New York State licensed professional engineer to review the plans,
specifications and related documents at a cost not to exceed a fee
schedule established by said governing board; or
(3)
Accept
the certification of a licensed/certified professional that the plans
conform to the requirements of this article.
B.
Prior to final approval of a land disturbance activity, a SWPPP shall be prepared by the applicant in accordance with the specifications outlined by the Village of Webster and submitted to the Stormwater Management Officer designated by the Village of Webster for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 130-2 of this article. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meet the requirements outlined in the Village of Webster design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of Village of Webster.
C.
The requirements to have a SWPPP prepared by a qualified professional
and to have the final plan signed and certified by a New York State
licensed professional engineer (PE) are not applicable to land disturbance
activities that meet technical standards and are five acres or less
occurring on a single-family residence, which is not part of a larger
common plan of development, or an agricultural property. In addition,
these land disturbance activities must not discharge directly to a
303(d) impaired water body or must not be located in a total maximum
daily load (TMDL) watershed.
D.
Minimum requirements. All SWPPPs shall provide the following background
information and erosion and sediment controls:
(1)
Background information about the scope of the project, including
location, type and size of project and contact information that includes
the name, address, and telephone number of all persons having a legal
interest in the property and the tax reference number and parcel number
of the subject property or properties;
(2)
Site map/construction drawing(s) for the project, including a general
location map and a one inch equals 50 feet topographic base map of
the site which extends a minimum of 100 feet beyond the limits of
the proposed development. At a minimum, the site map should show the
total site area; all improvements; areas of disturbance; areas that
will not be disturbed; existing vegetation; on-site and adjacent off-site
surface water(s), including receiving waters (name of the water),
streams, ponds, culverts, ditches, and wetlands as well as drainage
patterns that could be affected by the construction activity; existing
and final slopes; locations of utilities, roads, soils types, forest
cover, and significant natural and man-made features not otherwise
shown; locations of off-site material, waste, borrow or equipment
storage areas, proposed concrete clean out basin(s) and construction
entrance; and location(s) of the stormwater discharges(s); and resources
protected under other chapters of this Code or by easements;
(3)
Description of the soil(s) present at the site;
(4)
Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation, final grading and landscaping,
and any other activity at the site that results in soil disturbance.
Sequencing shall identify the expected date on which clearing will
begin and the estimated duration of exposure of cleared areas. Consistent
with the New York State Standards and Specifications for Erosion and
Sediment Control, not more than five acres shall be disturbed at any
one time unless pursuant to an approved SWPPP and a letter of permission
from the NYSDEC.
(5)
A description of the pollution prevention measures that will be used
to control litter and prevent construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges;
a description of construction and waste materials expected to be stored
on-site with updates as appropriate; a description of controls that
will be implemented to reduce pollutants from these materials including
storage practices to minimize exposure of the materials to stormwater;
and a description of spill prevention and response measures.
(6)
A description of the temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land disturbance
to project closeout, including who will be responsible for the maintenance
and implementation of said features at the site and what practices
will be employed to ensure that adequate vegetative cover is established
and preserved. For temporary and permanent vegetative control measures,
the seeding mixtures and rates, types of sod, method of seedbed preparation,
depth of topsoil, expected seeding dates, type and rate of lime and
fertilizer application, and kind and quantity of mulching shall be
provided.
(7)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice;
(8)
Illustration of all necessary erosion and sediment control measures,
including the siting and sizing of any temporary sediment basins and
provide the dimensions, material specifications and installation details
for each throughout all phases of construction and completion of development
of the site. Depending upon the complexity of the project, the drafting
of intermediate plans may be required at the close of each season;
(9)
Identification of all temporary practices that will be converted
to permanent control measures;
(10)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(11)
Identification of the parts or components of the SWPPP that
require maintenance. Furthermore it shall also provide a schedule
of required maintenance and identify the party responsible for such
work;
(12)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable;
(13)
Any existing data that describes the stormwater runoff at the
site;
(14)
Assurance that all other applicable environmental permits have
been acquired for the site prior to initial land disturbance. Copies
of the applicable environmental permits shall be provided to the Village
of Webster;
(15)
Assurance that the applicant or their responsible individual
shall be on site at all times when earthwork takes place and shall
inspect and document the effectiveness of all erosion and sediment
control practices; and
(16)
Assurance that all contractors and subcontractors involved in
soil disturbance and/or stormwater management practice installation
and maintenance shall be identified in the SWPPP. All such contractors
and subcontractors shall sign a copy of the following certification
statement before undertaking any land disturbance activity at the
site: "I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the SWPPP. I also understand
that it is unlawful for any person to cause or contribute to a violation
of the water quality standards." The certification must include the
name and title of the person providing the signature, address and
telephone number of the contracting firm; the address (or other identifying
description) of the site; and the date the certification is made.
The certification statement must be included in the SWPPP.
E.
Modifications to the plan after approval.
(1)
Major amendments of the SWPPP shall be submitted to the Village of
Webster and shall be approved or disapproved.
(2)
The applicant shall amend the SWPPP whenever:
(a)
There is a significant change in design, construction, operation,
or maintenance which may have a significant effect on the potential
for the discharge of pollutants to the waters of the United States
and which has not otherwise been addressed in the SWPPP; or
(b)
The SWPPP proves to be ineffective in providing the proper stormwater
pollution prevention and erosion and sediment control as required
by this article. Amendments to the SWPPP may be reviewed by the Village
of Webster. A copy of the newly amended SWPPP must be provided to
the Village of Webster within five business days.
(3)
Additionally, the SWPPP shall be amended to identify any new contractor
or subcontractor that will implement any measure of the SWPPP. The
Village of Webster may request copies of signed contractor certification
statements from new contractors/subcontractors working on the site.
(4)
Field modifications of a minor nature may be authorized by Village
of Webster by written authorization to the applicant.
A.
Village of Webster Inspections.
(1)
The Village of Webster or designated agent as defined in § 130-2 shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the SWPPP. In addition, the Village of Webster reserves the right to enter the work site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or their agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization. To obtain inspections, the applicant shall notify Village of Webster at least 48 hours before the following activities occur:
(a)
Start of construction.
(b)
Erosion and sediment control measures have been installed and
stabilized.
(c)
Site clearing has been completed.
(d)
Rough grading has been completed.
(e)
Final grading has been completed.
(f)
Close of the construction season.
(g)
Final landscaping.
(h)
Closeout inspection.
(2)
The above inspection timetable does not relieve the owner of the
obligation under this or any other permit or regulation to conduct
regular inspections as set forth in said permit and/or regulation.
(3)
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 earthwork shall be conducted on the
site, except for site stabilization until the violations are corrected
and approved by the Village of Webster.
B.
Property owner/developer inspections.
(1)
The applicant shall employ a responsible individual as defined in § 130-2 of this article who will oversee the implementation of the SWPPP on a daily basis. The responsible individual shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to Village of Webster within five days after the month's end.
(2)
The requirement to employ a qualified professional to inspect and
document the effectiveness of all erosion and sediment control practices
is not applicable to land disturbance activities five acres or less
occurring on a single-family residence, which is not part of a larger
common plan of development or on an agricultural property. In addition,
these land disturbance activities must not discharge directly to a
303(d) impaired water body or must not be located in a total maximum
daily load (TMDL) watershed.
A.
Duration.
(1)
For a project that requires a NYSDEC SPDES Permit, the SWPPP approved
by the Village of Webster shall be in effect until:
(2)
For projects that do not require a NYSDEC NOT, the SWPPP is in effect
until a final inspection is conducted and the Village of Webster has
issued the applicant written approval.
B.
Maintenance.
(1)
The applicant shall at all times properly operate and maintain all
stormwater management facilities and erosion and sediment control
measures which are installed or used by the applicant to achieve compliance
with the conditions of this article. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%. The land disturbance activity shall not cause
an increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the State of New York.
(2)
At the end of the construction season when soil disturbance activities
will be finalized or suspended until the following spring, it may
be desirable to reduce the frequency of the required weekly site inspections
to monthly inspections. In order to reduce inspection frequencies,
the applicant must complete stabilization activities before proper
installation is precluded by snow cover or frozen ground. If vegetation
is used as a stabilization method, seeding, planting, and/or sodding
must be scheduled to avoid fall frosts and to allow for proper germination/establishment.
Installations and maintenance must be done according to the New York
State Standards and Specifications for Erosion and Sediment Control.
C.
Closeout. The applicant must satisfy the following project closeout
requirements:
(1)
Reestablish grade of all permanent stormwater facilities;
(2)
Inspect grading of all drainage structures and provide elevation
as-builts to the Village of Webster;
(3)
Establish perennial vegetative cover to a density of 80% over 100%
of the site;
(4)
Removal of all debris and temporary erosion and sediment control
practices;
(5)
Provide a written certification by a New York State licensed/certified professional that the site has undergone final stabilization (as defined in § 130-2) and that all temporary erosion and sediment controls not needed for long-term erosion control have been removed.
(6)
Complete any other measure deemed appropriate and necessary by the
Village of Webster to stabilize the project site.
A.
Stop-work order. The Village of Webster may issue a stop-work order
for violations of this article. Persons receiving a stop-work order
shall be required to halt all land disturbance 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
Webster confirms that the land disturbance 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 article.
B.
Notice of violation. When the Village of Webster determines that
an activity is not being carried out in accordance with the requirements
of this article, it shall issue a written notice of violation to the
owner of the property. The notice of violation shall contain:
(1)
The name and address of the owner 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 development
activity into compliance with this article 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.
C.
Violation and penalties. No person shall construct, enlarge, alter,
repair, or maintain any grading, excavation, or fill, or cause the
same to be done, contrary to or in violation of any terms of this
article. Violations of any provision or requirement of this article
or violation of any statement, plan, application, permit or certification
approved under the provisions of this article shall be considered
an offense punishable by a fine and/or imprisonment. Each day on which
any violation of any of the provisions of this article occurs shall
constitute one offense and each successive day of violation shall
constitute a separate and distinct offense. Upon conviction of any
such violation, such person, partnership, or corporation shall be
punished by a fine of not more than $250 for each offense. In addition
to any other penalty authorized by this section, any person, partnership,
or corporation convicted of violating any of the provisions of this
article shall be required to bear the expense of such restoration.
D.
Withholding of certificate of occupancy. Occupation permits may not
be granted until corrections to all stormwater management practices
have been made and accepted by the Village of Webster.
