A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Town of Richmond SMO shall conduct 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
Town stormwater pollution prevention plan (TSWPPP) as approved. To
obtain inspections, the applicant shall notify the Town of Richmond
enforcement official at least 24 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 Stormwater Management
Officer.
B.
Stormwater management practice inspections. The Town of Richmond
Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans to the SMO 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 measures and must be certified by a New York State licensed
professional engineer.
C.
Inspection of stormwater measures after project completion, 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 soil erosion; 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 structures; and evaluating the condition of drainage control
structures and other stormwater management practices.
D.
Submission of reports. The Town of Richmond Stormwater Management
Officer may require monitoring and reporting from entities subject
to this article from time to time as is necessary to determine compliance
with this article.
In order to ensure the full and faithful completion of all construction
activities related to compliance with all conditions set forth by
the Town Planning Board in its approval of the TSWPPP, the Town Planning
Board may require the applicant and/or developer to provide, prior
to construction, a performance bond, escrow account certification,
or irrevocable letter of credit from an appropriate financial or surety
institution which guarantees satisfactory completion of the project
and names the Town as the beneficiary.
The Town Board shall, from time to time and by resolution, establish
appropriate fees for the review and processing of the permits under
this chapter.
A.
When the Town of Richmond determines that a land disturbance activity
is not being carried out in accordance with the requirements of this
chapter, it may issue a written notice of violation to the landowner
or require the problem to be mitigated.
B.
Any person, firm, partnership, corporation, or other party who violates
any provision of this chapter shall be guilty of a violation and subject
to a fine of not less than $350 nor more than $700 for the first offense.
Any subsequent violation of the provisions of this chapter shall be
an unclassified misdemeanor and upon conviction, such person shall
be subject to a fine of not less than $700 nor more than $1,000 or
imprisonment not exceeding six months, or both such fine and imprisonment.
Any penalties and/or fines that are unpaid by the party or parties
responsible, a tax lien as defined in the Real Property Law of the
State of New York shall be levied and collected in the same manner
as provided for in the Town Law of the State of New York.
C.
The SMO, as designated by the Town Board of the Town of Richmond,
shall have the authority to issue appearance tickets when the provisions
of this chapter are deemed to be in violation.
The SMO may issue a stop-work order for violations of this law, pursuant to § 101-6 of the Town Code. Persons receiving a stop-work order shall be required to halt all land disturbance 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 confirms that the land disturbance 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.
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 Richmond may take necessary
corrective action, the cost of which shall become a lien upon the
property and added to the taxes until paid.
Any person aggrieved by the action of any official charged with the enforcement of this chapter, as the result of the disapproval or approval of an erosion control permit or an alleged failure by the Stormwater Management Officer to properly enforce the chapter in regard to a specific application, shall have the right to appeal the action to the Town Zoning Board of Appeals. The appeal shall be filed in writing within 60 days of the date of official transmittal of the final decision. It shall state clearly the grounds on which the appeal is based and shall be processed in the manner prescribed for the hearing of appeals under § 200-67 of the Town Code.
If any section, subsection, paragraph, sentence, clause, or
other part of this chapter is for any reason invalid, the validity
of the remaining portion of this chapter shall not be affected.
The Town Board may from time to time, at its discretion, on
its own motion, on petition, or on recommendation of the Planning
Board, and in accordance with the laws of the State of New York, amend,
supplement, or repeal the regulations or provisions of this chapter.
