A. 
Inspection schedule.
(1) 
The Town of New Paltz Stormwater Management Officer may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the SMO and any other Town of New Paltz official designated by the SMO at least 48 hours before any of the following:
(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.
(i) 
Dewatering activities involving the pumping of water.
(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 and as-built survey.
(1) 
The Town of New Paltz Stormwater Management Officer, or at the Town Board's discretion, a New York State licensed professional engineer, or certified professional in erosion and sediment control (CPESC), or certified professional in stormwater quality (CPSWQ) shall be responsible for conducting inspections of stormwater management practices (SMPs).
(2) 
The SMO, or at the Town Board's discretion, a New York State licensed professional engineer or certified professional in erosion and sediment control, or certified professional in stormwater quality may also conduct random inspections during construction, clearing and grading or site disturbance as necessary to determine compliance with this chapter. If deficiencies or violations are found, the SMO shall notify the applicant and/or developer in writing of the nature of the deficiency or violation and any required corrective actions.
(3) 
The SMO may inspect the site in response to complaints associated with turbid water, flooding, or other potential violations of the stormwater pollution prevention plan.
(4) 
All applicants are required to submit as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.
C. 
Inspection of stormwater facilities after project completion. After filing of a NOT or completion of the regulated activities, inspection programs shall be established on any reasonable basis, including but not limited to: 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.
D. 
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.
E. 
Right of entry for inspection.
(1) 
Every owner and applicant undertaking a land development activity that requires review or approval pursuant this chapter shall be deemed to have given their respective consents to the enforcement official and to any consultants or other representatives of the Town reasonably required to assist the SMO in the performance of the SMO's duties (the Town MS4 representatives) to access any part of the site or premises upon which that activity is being conducted at any reasonable time for the purpose of performing his or her duties under this chapter. Therefore, 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 owner or operator shall allow the enforcement official or other duly authorized Town MS4 representatives, upon the presentation of credentials and other documents as may be required by law, to: enter upon the owner's or operator's premises where a regulated stormwater facility or activity is located or conducted or where records must be kept pursuant to the requirements of this chapter or the conditions of coverage of any SPDES permit; have access to, and copy at reasonable times, any records that must be kept pursuant to this chapter or the conditions of a SPDES permit; inspect at reasonable times any facilities or equipment (including monitoring and control equipment), practices or operations regulated or required by this chapter; sample or monitor at reasonable times, for purposes of assuring compliance with this chapter, any substances or parameters at any location.
(2) 
The enforcement official shall provide reasonable advance notice to the owner and to the applicant under the circumstances prevailing at the time that such notice is given, and thereafter the enforcement official and any other Town MS4 representatives are authorized to enter upon any site or premises upon which any regulated land development activity is being conducted at any reasonable time for the purpose of performing his or her duties under this chapter.
(3) 
Application for search warrant. Should an owner or applicant revoke its consent to inspection(s) believed to be necessary by the enforcement official for the purpose of performing his or her duties under this chapter and the enforcement official has reasonable cause to believe that a violation of this chapter has occurred, the enforcement official is hereby authorized to apply to the Town Justice Court, or any other court of competent jurisdiction, for an administrative search warrant (pursuant to such legal requirements as may apply) to permit such inspection(s). The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. Upon the issuance of said warrant the enforcement official and any other consultants reasonably required to assist the enforcement official in the performance of the enforcement official's duties shall execute the warrant and shall conduct the inspection as per the conduct and procedures provided for by applicable laws of the State of New York.
A. 
Construction completion guarantee. In order to ensure the full and faithful completion of those aspects of land development activities that are related to compliance with all conditions set forth by the Town of New Paltz in its acceptance or approval of a SWPPP, the Town may require the applicant or developer to provide, prior to construction, a cash escrow, or irrevocable letter of credit from an appropriate financial institution which guarantees satisfactory completion and maintenance of the stormwater management and water quality facilities and names the Town of New Paltz as the beneficiary. Security shall be in an amount determined by the Town of New Paltz based on submission of final design plans, with reference to actual construction and landscaping costs, and in a form acceptable to the attorney for the Town of New Paltz. The performance guarantee shall remain in force until the applicant is released from liability by the Town of New Paltz 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 facility(ies) has (have) been found to be acceptable to the Town of New Paltz. Per annum interest on cash escrow deposits shall be reinvested in the account until the applicant is released from liability.
B. 
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required by the Town Board or official accepting or approving the SWPPP to provide the Town of New Paltz with an irrevocable letter of credit from an approved financial institution or other security acceptable to the Town in an amount and in a form satisfactory to the Town to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town Board of the Town of New Paltz may authorize such draw upon the account as is necessary to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C. 
Recordkeeping. The Town of New Paltz may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
A. 
This chapter may be enforced by the Stormwater Management Officer ("SMO") or any other official or representative of the Town of New Paltz duly designated by the Town Board (collectively the "enforcement official").
B. 
The enforcement official is authorized to issue a notice and order to remedy violation for any violation of any provision of this chapter and, in the event that the responsible party fails to remedy the violation in accordance with the order, to request that the Town Board authorize and commence in any court of competent jurisdiction a prosecution for such violation and arrange for the issuance of process pursuant to the Criminal Procedure Law to secure the attendance of the accused.
C. 
The enforcement official is authorized to include as a condition in any notice and order to remedy violation a direction that the person to whom such notice and order is directed to cure any specified condition that creates a danger to the health, safety or welfare of the public.
D. 
Any person who fails to comply with the directives in a notice and order to remedy violation issued by the enforcement official within the time limit stated thereon shall be deemed to have committed a separate offense against this chapter and shall also thereafter be liable for any such violation or the penalty therefor.
E. 
The enforcement official 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 New Paltz 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.
F. 
The enforcement official may request that the Town Board enforce compliance with this chapter by authorizing and instituting a proceeding in a court of competent jurisdiction for fines and/or injunctive relief, or to impose civil penalties for violations of this chapter, or both.
G. 
The reasonable and necessary costs and expenses incurred by the Town, including but not limited to contractor charges, reasonable attorney, engineering and consultant fees, employee salaries and administrative costs associated with the enforcement of this chapter including an action to enjoin the performance of any work in violation of this chapter, or to compel the cure, correction, removal or prevention of any condition existing in violation of the provisions of this chapter, shall be charged to the owner of such real property.
H. 
If costs and expenses are not paid in full within 30 days of service of a duly audited voucher upon the owner by certified mail to the address on the Town assessment roll, the charge and costs shall be assessed and levied against and constitute a lien on the real property upon which it is levied until paid or otherwise satisfied and discharged, and shall be collected in the same manner and at the same time as other Town real property taxes.
A. 
For purposes of this section, each week's continued violation of a requirement of this chapter shall constitute a separate violation.
B. 
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 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. In addition, in the event that the Town of New Paltz incurs any monetary fines or penalties due to acts or omissions of the persons or entities who violated this chapter, said individual or entity shall be liable to the Town of New Paltz for payment of all such fines or penalties imposed upon or paid by the Town of New Paltz.
C. 
In addition to the penalties provided for in this chapter, above, the Town shall not issue a building permit or other permit, any temporary certificate of occupancy, certificate of occupancy or variance for any property for which a violation of this chapter has been served until said violation has been finally determined to be cured or otherwise resolved to the satisfaction of the Town.
D. 
No penalty provided for by this chapter shall be deemed exclusive. The enforcement official shall have discretion to seek one or more of the penalties provided herein in a court of competent jurisdiction.
A. 
Any violator may be required to restore land to its undisturbed condition.
B. 
In the event that restoration is not undertaken within a reasonable time after notice, the Town of New Paltz may at its own option cause necessary corrective action to restore land to be performed and assess the cost thereof through a special tax assessment to the owners of the property until paid.
The Town of New Paltz may require any person undertaking land development activities regulated by this chapter to pay reasonable costs at prevailing qualified professional fee rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of New Paltz or performed by a third party for the Town of New Paltz.