[Adopted by the Board of Trustees of the Village of Pittsford 12-16-2014 by Ord. No. 2015-1. Amendments noted where applicable.]
A.
It is hereby determined that:
(1)
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
(2)
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
(3)
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
(4)
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
streambank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
(7)
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
(8)
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety; and
(9)
Regulation of land development 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.
B.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Village, and to address the findings of fact in § 175-1A of this chapter. This chapter 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 GP-10-01, as amended or revised;
(2)
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-10-01, as amended or revised and any
requirements set forth by Monroe County through the Monroe County
Stormwater Coalition;
(3)
Minimize increases in stormwater runoff from land development 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 development 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.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meanings as set forth in this section:
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 not associated with agricultural activities.
A landowner or agent of a landowner who has filed an application
for a land development activity.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The New York State Department of Environmental Conservation.
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.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation or placement of fill material, including the resulting
conditions thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A person currently licensed to practice engineering in New
York State, a registered landscape architect, licensed professional
engineer or a certified professional in erosion and sediment control
(CPESC).
The local municipality controlling land use and development
over an area having a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains).
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
Actions associated with controlling the establishment, growth,
composition, health, and improving the quality of forests.
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. This permit is
periodically revised by NYSDEC and its numbering is therefore subject
to change.
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
that is periodically updated.
The use of practices that prevent exposed soil from eroding.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
The code enforcement officer for the Village of Pittsford
who is designated by the Village Board to enforce this chapter.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage,
controlling surface drainage and preventing or reducing point source
or nonpoint source pollution inputs to stormwater runoff and water
bodies.
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.
The Village of Pittsford.
A permanent or intermittent stream or other body of water,
either natural or man-made via pipes, swales culverts or other means,
which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation," including areas regulated
as wetlands under federal or state law.
This chapter shall be applicable to all land development activities as defined § 175-2 of this chapter.
A.
The Stormwater Management Officer (SMO) shall review all stormwater
pollution prevention plans (SWPPP). The SMO may:
(1)
Personally review and approve plans;
(2)
Upon approval by the Village Board, engage the services of a licensed
professional engineer to review and make recommendations as to approval
of plans, specifications and related documents at a cost established
by the Village Board; or
(3)
Accept the certification of a licensed/certified professional that
the plans conform to the requirements of this chapter.
B.
The Stormwater Management Officer (SMO) shall also administer, implement,
and enforce the provisions of this chapter. Such powers granted or
duties imposed upon the authorized enforcement official may be delegated
in writing by the SMO as may be authorized by the Village.
The following activities are exempt from review under this chapter.
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas and log haul roads
are subject to this chapter.
C.
Routine maintenance activities that disturb less than one quarter
of an acre (10,890 square feet) and are performed to maintain the
original line and grade, hydraulic capacity or original purpose of
a facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the SMO.
E.
Any part of a subdivision if a plat for the subdivision has been
approved by the Village on or before the effective date of this chapter.
F.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life, property
or natural resources.
J.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
K.
Landscaping and horticultural activities in connection with an existing
structure.
A.
No application for final approval of a land development activity
shall be approved until the appropriate board or Village official
has received a SWPPP prepared in accordance with the specifications
in this chapter and approved by the SMO.
B.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)
Information as to the scope of the project, including location, type
and size of project;
(2)
Site map/construction drawing(s) for the project, including a general
location map. At a minimum, the site map shall 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); wetlands and drainage patterns that could be affected by
the construction activity; existing and final slopes; locations of
off-site material, waste, borrow or equipment storage areas; location(s)
of any stormwater hotspots; and location(s) of the stormwater discharge(s);
(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 and any other activity at
the site that results in soil disturbance. Consistent with the New
York Standards and Specifications for Erosion and Sediment Control
(Erosion Control Manual), not more than five acres shall be disturbed
at any one time unless pursuant to an approved SWPPP;
(5)
Description of the pollution prevention measures that will be used
to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(6)
Description of construction and waste materials expected to be stored
on site with updates as appropriate, and a description of controls
to reduce pollutants from these materials including storage practices
to minimize exposure of the materials to stormwater, and spill prevention
and response;
(7)
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 clearing and grubbing
to project closeout;
(8)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice;
(9)
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the siting and
sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to permanent control
measures;
(11)
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;
(12)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(15)
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; and
(16)
Any existing data that describes the stormwater runoff at the
site.
C.
Land development activities meeting Condition A or B below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 175-6D below, as applicable:
(1)
Condition A: stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
Department's 303(d) list of impaired waters or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land development activities disturbing
1/4 or more acres during the course of the project, exclusive of the
construction of single-family residences and construction activities
on agricultural properties.
D.
SWPPP requirements for Conditions A and B:
(2)
Description of each post-construction stormwater management practice;
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(4)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms;
(5)
Comparison of post-development stormwater runoff conditions with
predevelopment conditions;
(6)
Dimensions, material specifications and installation details for
each post-construction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(8)
Maintenance and inspection easement agreement binding on all subsequent landowners served by the on-site perpetual stormwater management measures, in accordance with § 175-8; and
(9)
For Condition A, the SWPPP shall be prepared by a certified professional
(per NYSDEC'S criteria) and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meet the requirements in this chapter.
E.
The applicant shall assure that all other applicable environmental
permits have been or will be acquired for the land development activity
prior to approval of the final stormwater design plan.
F.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify
under penalty of law that I understand and agree to comply with the
terms and conditions of the Stormwater Pollution Prevention Plan.
I also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
(2)
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.
(3)
The certification statement(s) shall become part of the SWPPP for
the land development activity.
(4)
All contractors and subcontractors involved in installing, constructing,
repairing, replacing, inspecting and maintaining the erosion and sediment
control practices included in the Stormwater Pollution Prevention
Plan (SWPPP), and the contractor(s) responsible for constructing the
post-construction stormwater management practices included in the
SWPPP must have on site, on a daily basis, an individual employed
by the company who has attended the DEC-endorsed four-hour erosion
and sediment control training course. Trained contractors are encouraged
to carry some form of proof (valid wallet card or certificate) that
shows they attended a NYSDEC endorsed four-hour erosion and sediment
control training course. At least one individual from each company
must be continuously present on the project site on when the company
is performing soil disturbance, grading or SWPPP implementation activities
as defined in the latest SPDES General Permit for Soil Disturbances
from Construction Activity. The definition of "trained contractor"
is found within the General Permit.
G.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, 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 chapter:
B.
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 175-7A of this chapter and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development 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.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or his
or her representative 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 meeting Condition A or B in § 175-6C of this chapter, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
B.
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,
as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this chapter.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
C.
Maintenance and inspection easement agreement. Prior to the issuance
of final approval of a land development activity that has a stormwater
management facility that will remain in private ownership as one of
the requirements, the record owner of the stormwater management facility
shall execute a maintenance and inspection easement agreement running
to the benefit of the Village. The maintenance and inspection easement
agreement shall provide for maintenance of the facility, by the owner,
in accordance with the requirements of this chapter together with
access to the facility at reasonable times for periodic inspection
by the Village to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions
established by this chapter. The maintenance and inspection easement
agreement shall be recorded in the office of the County Clerk after
approval by the attorney for the Village.
D.
Dedication permitted. The Village, at its sole discretion, may accept
dedication of any existing or future stormwater management facility,
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.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The SMO 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 how the work fails to comply
with the requirements of this chapter and the SWPPP as approved. To
obtain inspections, the applicant shall notify the SMO at least 48
hours before any of the following as required by the SMO:
[1]
Start of construction;
[2]
Installation of sediment and erosion control measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping; and
[8]
Successful establishment of landscaping in public areas.
(b)
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 SMO.
(2)
Stormwater management practice inspections. The SMO is authorized
to conduct 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.
(3)
Inspection of stormwater facilities after project completion. Inspection
programs may be established by the SMO on any reasonable basis, including,
but not limited to, the following: routine inspections; random inspections;
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 or 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.
(4)
Submission of reports. The SMO may require monitoring and reporting
from entities subject to this chapter as are necessary to determine
compliance with this chapter.
(5)
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 Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as required or allowed by this chapter. This right to enter may be granted by the maintenance and inspection easement and agreement provided in accordance with § 175-8C of this chapter.
B.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure the full and
faithful compliance with an approved SWPPP, the SMO 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 Village as the beneficiary. The security
shall be in an amount to be determined by the SMO 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 Village, 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 SWPPP, and that a one-year inspection
has been conducted and the facilities have been found to be acceptable
to the SMO.
(2)
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 Village 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 Village may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
C.
Recordkeeping. The SMO may require entities subject to this chapter
to maintain records demonstrating compliance with this chapter.
A.
Notice of violation. When the SMO determines that a land development
activity is not being carried out in accordance with the requirements
of this chapter, the SMO may issue a written notice of violation to
the landowner, applicant and/or developer. The notice of violation
shall contain:
(1)
The name and address of the landowner, developer and/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; and
(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.
B.
Stop-work orders. The SMO 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 SMO 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 in an action brought
by the Village in State Supreme Court. Further, the SMO may issue
appearance tickets for violations of this chapter.
D.
Penalties. In addition to or as an alternative to any penalty provided
in this chapter 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 purposes 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 a land development activity
is conducted in violation of this chapter, the SMO may prevent the
occupancy of said building or land, and the Building Inspector or
Code Enforcement Officer may refuse to issue a certificate of occupancy
or certificate of compliance pursuant to Chapter 210-107 of this Code.
F.
Restoration of lands. Any violator may be required to restore land
to its original condition, properly maintained condition, or condition
prior to a problematic event as determined by the SMO. In the event
that such restoration as required by the SMO does not occur within
the time period required by the SMO, then the Village may perform
the necessary corrective action, and the total cost thereof may be
assessed upon the real property on which such corrective action is
taken. Such cost shall constitute a lien and charge on the real property
until it is paid or otherwise satisfied or discharged and shall be
collected by the Village Treasurer in the manner provided by law for
the collection of delinquent taxes.
The Village 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 Village or performed by a third party for the Village.
Stormwater ponds situated within the Village that were constructed
prior to adoption of this chapter shall be subject to the same right
of entry for inspection and perpetual maintenance requirements as
presented herein for newly created stormwater control structures.
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this chapter shall be judged invalid by a
court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
