A.
Erosion and sediment control inspection.
(1)
The SMO may require such inspections as he or she deems 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
SWPPP as approved. To obtain inspections, the applicant shall notify
the SMO at least 48 hours before any of the following, and/or as otherwise
required by the SMO:
(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)
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 all 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 SMPs. All applicants are required to
submit "as built" plans for any SMPs 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. 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; inspections
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 SMPs. The inspection must be made by a licensed professional
engineer or a certified professional in erosion and sediment control.
D.
Submission of reports. The SMO may require monitoring and reporting
from entities subject to this chapter as necessary to determine compliance
with this chapter.
E.
Right-of-entry for inspection. To the maximum extent permitted by law, 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 Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B.
A.
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Village in its approval
of the SWPP, the Village may require the applicant or developer to
provide, prior to construction, a performance bond, cash escrow, or
irrevocable letter of credit, in its discretion, from an appropriate
financial or surety institution which guarantees satisfactory completion
of the project and names the Village as the beneficiary. The security
shall be in an amount to be determined by Village based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Village 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) have been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the Village. Per annum interest on cash
escrow deposits, if any, shall be reinvested in the account until
the surety 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 to provide the Village with a cash escrow, a maintenance
bond, or an irrevocable letter of credit from an approved financial
institution or surety 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 Village may draw upon the escrow, bond, or account,
from time to time, to cover the costs of proper operation and maintenance,
including engineering and inspection costs. To the extent that such
escrow, bond, or letter of credit, because of such draw, is no longer
sufficient to ensure the proper operation and maintenance of the facilities,
the Village may require an additional escrow, bond, or letter of credit.
C.
Record keeping. The Village may require entities subject to this
chapter to maintain records demonstrating compliance with this chapter.
All persons undertaking land development activities regulated
by this chapter shall reimburse the Village for costs of review of
SWPPPs, inspections, or SMP maintenance performed by the Village or
performed by a third party for the Village in accordance with such
resolutions as may be adopted from time to time by the Board of Trustees.
A.
Notice of violation. When the SMO or other designee of the Board
of Trustees determines that a land development activity is not being
carried out in accordance with the requirements of this chapter, he
or she shall issue a written notice of violation to the landowner.
The notice of violation shall contain:
(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)
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.
(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 or other designee of the Board of Trustees
shall 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 Village 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. 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 15 days, 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 15 days, 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 15 days,
or both. Violations of this chapter shall be not be deemed misdemeanors.
Each week's continued violation shall constitute a separate additional
violation.
E.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter the SMO may prohibit the issuance of, suspend or revoke a
certificate of occupancy of said building or land, subject to appeal
by the aggrieved party to the Board of Trustees.
F.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition or to such other condition as shall best
protect the property and the adjacent properties from the problems
of erosion and sediment deposits off the land that may be required
by virtue of the actions of the violator, all in the discretion of
the Board of Trustees. In the event that restoration is not undertaken
within a reasonable time after notice, the Board of Trustees may either:
(1)
Direct that the remediation and/or restoration work be performed
with Village personnel and/or third party contractors and the cost
thereof shall constitute a lien, charge, and levy upon the real property
where upon the violation exists until it is paid or otherwise satisfied
or discharged and shall be collected by the Village Treasurer. Such
charge shall include, among other things, administrative, legal, and
actual expenses incurred by the Village, and shall be collected in
the same manner provided by law for the collection of delinquent taxes;
or
(2)
Seek a court order to take any and all measures reasonably necessary
to abate the violation and/or restore the property, at the cost and
expense, including those of the litigation and the fees of witnesses
and attorneys, of the violator.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this chapter is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state, or chapter
and it is within the discretion of the authorized enforcement agency
to seek cumulative remedies.
If the provisions of any article, section, subsection, paragraph,
subdivision, or clause of this chapter shall be judged invalid by
a court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision, or clause of this chapter.