A. 
Erosion and sediment control inspection.
(1) 
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 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 must notify the SMO at least 48 hours before any of the activities listed below, as required by the SMO, or the SMO may develop an inspection schedule specific to an individual project, including, but not limited to:
(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.
(2) 
Additionally, the Town may conduct inspections at any time.
(3) 
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.
B. 
Stormwater management practice inspections. The SMO 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 note any changes from the originally approved design) and must be certified by a professional engineer.
C. 
Inspection of stormwater facilities 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 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. 
Designation of inspectors. Inspections will be performed by the SMO or the SMO may designate a qualified professional, certified inspector, or person working under the direction and supervision of a licensed professional. A designated inspector is required to submit a report to the SMO.
E. 
Submission of reports. The SMO may require monitoring and reporting from persons subject to this chapter as are necessary to determine compliance with this chapter.
F. 
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 must grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 233-13C.
A. 
Construction completion guarantee (security). 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 in its approval of the stormwater pollution prevention plan, the Town may require the applicant or developer to provide, prior to construction, security such as a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial institution or surety to guarantee completion of the project and which security names the Town as the beneficiary. The Town can determine the amount and form of the security, in its sole discretion. The security must remain in force until released from liability by the Town, provided no security shall be for a period less than one year from the date of final acceptance and certification that the project has been constructed in accordance with the approved plans and specifications. Prior to release of the security, an inspection shall be conducted and any deficiencies in the project must be corrected.
B. 
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a person who owns or manages such facilities, the Town may require the applicant or developer to provide, prior to construction, security such as a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial institution or surety to guarantee 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 may draw upon the account to cover the costs of proper operation and maintenance, including legal, engineering and inspection costs.
C. 
Recordkeeping. Persons subject to this chapter are required to maintain records demonstrating compliance with this chapter. Such records must be provided to the SMO upon request.
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. A notice of violation shall contain:
(1) 
The name and address of the owner, 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) 
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;
(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; and
(6) 
A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
B. 
Stop-work orders. The SMO may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order are required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order will 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 the manner provided by law.
D. 
Penalties. In addition to or as an alternative to any other penalty or remedy 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 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 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. For the purposes of conferring jurisdiction upon courts and judicial officers generally, a third violation of this chapter shall be deemed an unclassified misdemeanor 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 any building is constructed or land development activity is undertaken in violation of this chapter the SMO may withhold the certificate of occupancy of any building until compliance with this chapter has been completed.
F. 
Restoration of lands. Any person who violates any provision of this chapter 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, by local law, may require any person undertaking land development activities subject to this chapter to pay the reasonable costs of persons hired by the Town to review SWPPPs, perform inspections of stormwater management facilities and certify the completion of the same. The Town Board may by resolution establish a fee schedule SWPPP review.