[Adopted by the Town Board of the Town of Canandaigua 6-20-2016 by L.L. No. 5-2016. Amendments noted where applicable.
GENERAL REFERENCES
Uniform construction codes — See Ch. 92.
Flood damage prevention — See Ch. 115.
Sanitary sewers — See Ch. 162.
Soil erosion and sedimentation control — See Ch. 165.
Illicit discharge detection and elimination — See Ch. 172.
Subdivision of land — See Ch. 174.
Wastewater treatment systems, on-site — See Ch. 202.
A.
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 Town, and to address the findings of fact in § 170-1A 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-0-15-003, 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-0-15-002, as amended or revised.
(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.
B.
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
stream bank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
(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.
The following terms used in this chapter or in documents prepared
or reviewed under this chapter 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.
Any barn, stable, shed, silo, garage, fruit and vegetable
stand or other building or structure directly and customarily associated
with agricultural use.
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.
Any clearing, grading, excavation, filling, demolition or
stockpiling activities that result in soil disturbance. Clearing activities
include, but are not limited to, logging equipment operation, the
cutting and skidding of trees, stump removal and/or brush root removal.
Construction activity does not include routine maintenance that is
performed to maintain the original line and grade, hydraulic capacity,
or original purpose of a facility.
The SPDES general permit for construction activities GP-0-15-002,
or latest revision.
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.
When the first point discharge from a land development activity,
either by overland flow or through a separate storm sewer system,
is the specific surface water body.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
The person, persons or legal entity which owns or leases
the property on which a stormwater management facility is located,
and/or an entity that has legal responsibility for the long-term operation
and maintenance of a stormwater management facility.
Excavation or fill of 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, including the construction of agricultural structures.
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 or a certified professional
in erosion and sediment control (CPESC).
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 (such as phosphorus) that has been identified as a potential
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.
Those Land Disturbance Activities that include the disturbance and reconstruction of existing impervious surfaces and meet the requirements of Chapter 9 of the Design Manual.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
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.
Land area with a soil slope phase that is identified as an
E or F, or the map unit name is inclusive of twenty-five-percent or
greater slope, on the United States Department of Agricultural (USDA)
Soil Survey for Ontario County, New York, or as otherwise defined
by the construction permit as those areas where disturbance is not
eligible for coverage due to slope.
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.
Any Code Enforcement Officer or other official designated
by, and serving at the pleasure of, the Town Board to enforce this
chapter.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
An employee designated by, and serving at the pleasure of,
the Town Board to implement, manage, and supervise the Town's
MS4 program. The SWMP Coordinator shall be a health and safety officer,
superintendent, or other individual having responsibility for environmental,
health, or safety matters for the Town.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
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 Town of Canandaigua.
A permanent or intermittent stream or other body of water,
either natural or man-made, 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 in § 170-2 of this chapter.
A.
The Stormwater Management Program (SWMP) Coordinator shall review
all stormwater pollution prevention plans (SWPPP). The Coordinator
may:
(1)
Personally review and approve plans; or
(2)
Engage the services of a licensed/certified professional to review
and make recommendations as to approval of plans, specifications and
related documents; or
(3)
Accept the certification of a licensed/certified professional that
the plans conform to the requirements of this chapter.
B.
When the SWMP Coordinator engages the services of a licensed professional engineer as authorized by § 170-4A(2) above, the applicant shall be responsible for the payment of any administrative fees, as defined in Chapter 111 of the Town Code. Application forms promulgated by the Town shall include an acknowledgment that the applicant shall be jointly and severally liable to the Town of Canandaigua for all administrative fees, as defined in Chapter 111 of the Town Code, and the application form shall also include a statement that a copy of the current fee schedule may be obtained from the Town Clerk's office.
C.
The SWMP Coordinator shall be the local stormwater public contact
as defined in SPDES general permit GP-0-15-003. They shall be responsible
for public concerns regarding stormwater management and compliance
with the SPDES general permit.
D.
The Stormwater Management Officer (SMO) shall 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 Town Board.
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 five acres
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 Town 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.
L.
Land development activities that are ineligible for coverage under
SPDES general permit GP-0-15-002 because they directly discharge into
Canandaigua Lake and disturb one or more acres of land with no existing
impervious cover and are located in steep slope areas.
A.
No application for final approval of a land development activity
shall be approved until the appropriate board or Town 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 discharges(s).
(a)
A description of the soil(s) present at the site;
(b)
A 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;
(c)
A 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;
(d)
A 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;
(e)
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;
(f)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(g)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(h)
Temporary practices that will be converted to permanent control
measures;
(i)
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;
(j)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(k)
Name(s) of the receiving water(s);
(l)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(m)
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
(n)
Any existing data that describes the stormwater runoff at the
site.
C.
Land development activities meeting Condition "A," "B," or "C" below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 170-6D below, as applicable:
(1)
Condition A: Stormwater runoff from land development activities directly
discharging to either an impaired water identified on the DEC'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
five or more acres.
(3)
Condition C: Stormwater runoff from land development activity disturbing
between one acre and five acres of land during the course of the project,
exclusive of the construction activities listed in Table 1 in Appendix
B of the construction permit.
D.
SWPPP requirements for Conditions A, B, and C:
(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
pre-development 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 stormwater management measures, in accordance with § 170-8; and
(9)
For Condition A, the SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer 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, the 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.
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 § 170-7A of this chapter, and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards.
(1)
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.
(2)
Any land development activity within the Town shall provide enhanced
phosphorus treatment as outlined by the Design Manual.
D.
Water quantity standards. Any land development activity shall limit
stormwater discharge to an amount no more than 90% of that which occurs
currently, except:
(1)
When the land development activity includes the disturbance of undeveloped
or agricultural lands, then the stormwater discharge shall be no more
than 90% of that which would normally occur under a natural, undeveloped
condition (meadows, brush, and/or woods in good condition as defined
by USDA NRCS Technical Release 55 (TR-55), Urban Hydrology for Small
Watersheds).
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or their
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 25%.
(2)
For land development activities meeting Condition A and B in § 170-6C of this chapter, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices twice every seven calendar days. Inspection reports shall be made using the Town's standard SWPPP inspection form, maintained in a site log book, and electronically submitted to the SMO.
(3)
For land development activities meeting Condition C in § 170-6C of this chapter, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices once every seven calendar days. Inspection reports shall be made using the Town's standard SWPPP inspection form, maintained in a site log book, and electronically submitted to the SMO.
(4)
SMO-required inspections. The applicant shall have a qualified professional
conduct a site inspection whenever requested by the SMO. Inspection
reports shall be made using the Town's standard SWPPP inspection
form, maintained in a site log book, and electronically submitted
to the SMO.
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.
Stormwater Maintenance 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 facility owner shall execute the Town's Standard Stormwater
Maintenance Agreement, which provides for maintenance of the facility,
by the facility owner, in accordance with the requirements of this
chapter, together with access to the facility at reasonable times
for periodic inspection by the Town to ensure that the facility is
maintained in proper working condition to meet design standards and
any other provisions established by this chapter. The Stormwater Maintenance
Agreement shall be recorded in the office of the County Clerk after
approval by the Town Board.
D.
Dedication permitted. The Town Board, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided that 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. Offers for dedication to the Town Board shall be in accordance with § 174-33 of this Code.
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 Town 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 agreement provided in accordance with § 170-8C of this chapter.
(6)
SMO inspection report. Inspections conducted by the SMO shall be
reported using the Town's standard SWPPP inspection form.
B.
Sureties. The Town, in order to ensure the full and faithful compliance with an approved SWPPP, may require the applicant or developer to provide sureties in accordance with § 174-32 of this Code.
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 in writing. 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
in violation with this chapter may be restrained by injunction or
otherwise abated in a manner provided by law in an action authorized
by the Town Board in State Supreme Court. Further, the SMO may issue
appearance tickets for violations of this chapter.
D.
Penalties.
(1)
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:
(a)
Punishable by a fine not exceeding $1,000 or imprisonment for
a period not to exceed six months, or both, for conviction of a first
offense;
(b)
For conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine not less than
$1,000 nor more than $5,000 or imprisonment for a period not to exceed
six months, or both; and
(c)
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 $5,000 nor more than $10,000 or imprisonment for a period
not to exceed six months, or both.
(2)
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 or may condition a certificate of occupancy or certificate of compliance pursuant to Chapter 92 of the Town Code.
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 may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
The Town may require any person undertaking land development activities regulated by this chapter to pay administrative fees as defined in Chapter 111 of the Town Code.
