A.
Erosion and sediment control inspection. The Town of LaFayette 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.
(1)
To obtain inspections, the applicant shall notify the Town of LaFayette
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 LaFayette
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 qualified professional.
C.
Inspection of stormwater facilities after project completion.
(1)
Inspection programs shall be established on any reasonable basis,
including, but not limited to:
(a)
Routine inspections;
(b)
Random inspections;
(c)
Inspections based upon complaints or other notice of possible
violations;
(d)
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
(e)
Joint inspections with other agencies inspecting under environmental
or safety laws.
(2)
Inspections may include, but are not limited to:
D.
Submission of reports. The Town of LaFayette 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 LaFayette the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection A of this section.
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 LaFayette
in its approval of the stormwater pollution prevention plan, the Town
of LaFayette 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 LaFayette as the beneficiary. The security shall be in an amount
to be determined by the Town of LaFayette 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 LaFayette, 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
(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 LaFayette.
Per-annum interest on cash escrow deposits shall be reinvested in
the account until the surety is released from liability.
B.
Maintenance guarantee.
(1)
Where stormwater management and erosion and sediment control facilities
are to be operated and maintained by the developer or by an entity
that owns or manages a commercial or industrial facility, the developer
or entity, prior to construction, may be required to provide the Town
of LaFayette 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 entity landowner fails to properly
operate and maintain stormwater management and erosion and sediment
control facilities, the Town of LaFayette may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
(2)
In addition to or in lieu of the foregoing, where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by an entity that owns or manages a
commercial or industrial facility, the developer or entity landowner
prior to construction, may be required to enter into an agreement
with the Town of LaFayette setting forth maintenance and operation
requirements for said stormwater management and erosion and sediment
control facility and enforcement alternatives, in a form acceptable
to the Town. If said stormwater management and erosion and sediment
control facilities are not properly operated and maintained in accordance
with said agreement or approved plans, the Town shall give the developer
and/or entity landowner 30 days' written notice to comply with the
operation and maintenance provisions of the agreement or approved
plans. If the developer and/or entity landowner shall fail to so comply
with the operation and maintenance provisions of the agreement or
approved plans within said thirty-day period, the Town may take such
remedial steps as are necessary to bring said facility into compliance
with the operation and maintenance requirements of the agreement or
approved plans and the cost of such remedial measures shall be assessed
as a lien on the property and shall be charged to the landowner's
tax bill.
The Town of LaFayette shall require entities subject to this
chapter to maintain records demonstrating compliance with this chapter.
A.
Notice of violation. When the Town of LaFayette 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:
(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 the notice of violation.
B.
Stop-work orders. The Town of LaFayette 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 LaFayette
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 contrary 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 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 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 purpose of conferring jurisdiction 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 LaFayette
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
Any person undertaking land development activities regulated
by this chapter shall reimburse the Town for all expenses and costs
associated with compliance with these requirements, including, but
not limited to, engineering and legal expenses.
