A. 
Erosion and sediment control inspection.
(1) 
The 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, a basic SWPPP and/or the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Stormwater Management Officer 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; and
(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 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 professional engineer.
C. 
Inspection of stormwater facilities after project completion.
(1) 
It shall be the primary responsibility of the landowner and the successor landowners to perform all necessary inspections, maintenance, reporting, adjustments, repair, replacement and reconstruction of the stormwater management facilities by a certified professional or a professional engineer.
(2) 
If, at any time, the Stormwater Management Officer determines that necessary inspections, reports, maintenance, repairs, adjustments, replacement or reconstruction have not been properly performed, the Town may undertake to perform any such work or work that it finds, in its sole judgment, is necessary to preserve the stormwater management functions of stormwater management practices (SMPs), at the cost and expense of the landowner and the successor landowners. Copies of all bills, statements and invoices substantiating such costs, including costs of consultants, shall be included with written notice of same. Each lot or parcel shall individually and separately bear its equal share of such costs, and in the event that its share is not paid within 30 calendar days of issuance of statements for this work, the amount of such share shall constitute a lien against such lot or parcel, which shall be levied and collected in the same manner as Town real estate property taxes or in such manner otherwise provided by law. The landowner and the successor lot or parcel landowner shall be personally liable for payments of their respective shares of all such costs, including costs of collection and reasonable attorney's fees.
D. 
Submission of reports. The Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter. The Stormwater Management Officer may also require ongoing monitoring and reporting after project completion, as the Town deems 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 Union Vale the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in above § 190-14C.
F. 
Escrow for inspection consultant(s). The Stormwater Management Officer shall have the right to consult with a professional engineer or professional engineering firm whenever the Stormwater Management Officer deems necessary with respect to any of the inspections conducted or to be conducted under this chapter. All such costs for a professional engineering consultant shall be paid for by the applicant. Prior to scheduling any inspections under this section, the applicant shall deposit a monetary escrow with the Town of Union Vale, in an amount deemed sufficient by the Stormwater Management Officer to pay for the estimated cost of all necessary inspections under this chapter.
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 Union Vale in its approval of the stormwater pollution prevention plan, the Town of Union Vale 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 Union Vale as the beneficiary. The security shall be in an amount to be determined by the Town of Union Vale based on submission of final design plans, with reference to actual construction and landscaping costs for the installation of the required stormwater management practices.
A. 
Notice of violation. When the Town of Union Vale determines that a land development activity is not being carried out in accordance with the requirements of this chapter, the Stormwater Management Officer (SMO) shall issue a written notice of violation to the landowner. The notice of violation shall contain the following:
(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) 
An order to remedy the violation;
(5) 
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
(6) 
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 Town of Union Vale 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 Union Vale 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.
(1) 
Violation of any provision of this chapter or any violation of any statement, plan application, permit or certificate approved under the provisions of this chapter, shall be considered an offense punishable by a civil penalty of not more than $350 for a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a civil penalty of not less than $350 nor more than $700 and/or imprisonment for not more than 14 days; and upon conviction of a third or subsequent offense within a period of five years, punishable by a civil penalty of not less than $700 nor more than $1,000 and/or imprisonment for a period of not more than six months.
(2) 
The owner, general agent, contractor or lessee of the land and/or building premises, or part thereof, where such violation has been committed or does exist, and any agent, contractor, builder, architect or engineer, corporation or other person who commits, takes part in or assists in such violation, shall be guilty of an offense and shall be liable upon conviction to a civil penalty and/or imprisonment as provided herein.
(3) 
All such penalties shall be collectible by and in the name of the Town. Each and every week that any such violation continues after notification that such violation exists shall constitute a separate chargeable offense, for which separate and additional penalties may be imposed and recovered, provided that such initial notice and subsequent weekly notice shall be given in writing to the landowner.
(4) 
Violations of this chapter shall be deemed misdemeanors only for the purpose of conferring jurisdiction upon courts and judicial officers.
(5) 
Additionally and notwithstanding any other penalty or fine provided for herein, any person who violates the provisions of this chapter shall be obligated to reimburse the Town for any fees incurred by its counsel or consulting engineer or other professional (CPESQ) in the enforcement of the provisions hereof. The rates used for reimbursement shall be equal to the per-hour rate of service negotiated by the Town Board in its contract with its attorney(s) and consulting engineer(s).
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 act to 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 Union Vale may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
The Town of Union Vale may require any person undertaking land development activities regulated by this chapter to pay reasonable costs at prevailing rates for reviews of stormwater pollution prevention plans and other required documents, inspections, or maintenance of stormwater management practices (SMPs) performed by the Town of Union Vale or performed by a third party for the Town of Union Vale.