[HISTORY: Adopted by the Board of Trustees of the Village
of Poquott 11-13-2018 by L.L. No. 4-2018. Amendments noted where applicable.]
A.
It is hereby determined that:
(1)
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
(2)
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
(3)
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat and increased stormwater runoff;
(4)
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
streambank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
(7)
Stormwater runoff soil erosion and nonpoint-source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
(8)
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint-source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
(9)
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
A.
The purpose of this section is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 131-1 hereof. This section seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5 of the SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
(2)
Require land development activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-02-01, or as amended or revised;
(3)
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in temperature,
erosion and maintain the integrity of neighboring harbors and waterways;
(4)
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
(5)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint-source
pollution, wherever possible, through stormwater management practices
and to ensure that these management practices are properly maintained
and eliminate threats to public safety.
A.
This section shall be applicable to all land development activities as defined in § 131-5 of this chapter.
B.
The municipality shall designate a Stormwater Management Officer
who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board. The Stormwater
Management Officer may: review the plans; upon approval by the Village
Board of Trustees of the Village of Poquott, engage the services of
a registered professional engineer to review the plans, specifications
and related documents at a cost not to exceed a fee schedule established
by said governing board; or accept the certification of a licensed
professional that the plans conform to the requirements of this section.
C.
All land development activities subject to review and approval by
the Incorporated Village of Poquott either under subdivision, building
permit, and/or special permit regulations shall be reviewed subject
to the standards contained in this section.
The following activities may be exempt from review under this
section:
A.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
B.
Any part of a subdivision if a plat for the subdivision has been
approved by the Incorporated Village of Poquott on or before the effective
date of this section.
C.
Land development activities for which a building permit has been
approved on or before the effective date of this section.
D.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles, not including installation of underground
utilities or the laying of wire or cable or pipe.
E.
Emergency activity immediately necessary to protect life, property
or natural resources.
F.
Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that person
and his or her family.
The terms used in this section or in documents prepared or reviewed
under this section shall have the meaning as set forth in this section.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
or activities disturbing equal to or greater than 1/8 of one acre
of total land area that is part of a larger common plan of development
or sale, even though multiple separate and distinct land development
activities may take place at different times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, harbors, beaches, wetlands,
swimming beaches, groundwater recharge areas, water supply reservoirs,
habitats for threatened, endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
Measures, either structural or nonstructural, that are determined
to be the most effective practical means of preventing flood damage
and preventing or reducing point-source or nonpoint-source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons, which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be reviewed until
the appropriate board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this
section.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)
Background information about the scope of the project, including
location, type and size of project.
(b)
Site map/construction drawing(s) for the project, including
a general location map. The site map must be drawn to a scale not
smaller than one inch equals 50 feet. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s);
(c)
Description of the soil(s) present at the site;
(d)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than 1/2 acre shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(f)
Description of construction and waste materials expected to
be stored on site with updates as appropriate, and a description of
controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater and
spill prevention and response;
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project close-out;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(l)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(p)
Any existing data that describes the stormwater runoff at the
site.
(2)
Activities requiring water quantity and water quality controls. Land development activities as defined in § 131-3 of this chapter and meeting Condition A, B, or C or Subsection B(2)(e) below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a)
Condition A. Stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department's 303(d) list of impaired waters or a total
maximum daily load (TMDL) designated watershed for which pollutants
in stormwater have been identified as a source of the impairment.
(b)
Condition B. Stormwater runoff from land development activities
disturbing 1,000 square feet or 1/8 acre.
(c)
Condition C. Stormwater runoff from land development activity
disturbing between 1,000 square feet or 1/8 acre, and three acres
of land during the course of the project, inclusive of the construction
of single family residences.
(d)
Exemptions from Conditions A, B, and C. The Stormwater Management
Officer may waive the requirement that water quantity and water quality
controls (post-construction stormwater runoff controls) be created
and maintained for a given property if said officer determines that
due to the topographical nature and/or infiltration characteristics
of the property in question, as it exists at the time that the land
development activity is completed, that no risk of minimal storm water
runoff from the property exists.
(e)
The Stormwater Management Officer may, nevertheless, require
that water quantity and water quality controls (post-construction
stormwater runoff controls) be created and maintained for a given
property, if said officer determines that: Due to the topographical
nature and/or infiltration characteristics of the property in question,
as it exists at the time that the land development activity is completed,
that a risk of minimal storm water runoff from the property exists.
(3)
SWPPP requirements for projects governed by Subsection F(2)(b).
(a)
All information in Subsection F(2), et seq. of this section
shall be included, as well as a:
[1]
Description of each postconstruction stormwater management practice;
[2]
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice;
[3]
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
[4]
Comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions;
[5]
Dimensions, material specifications and installation details
for each postconstruction stormwater management practice;
[6]
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice;
[7]
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property;
[8]
Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures in
accordance with § 183-16.1H(2) and (4) of this Code;
(b)
For Condition A, the SWPPP shall be prepared by a landscape
architect, certified professional or professional engineer and must
be signed by the professional preparing the plan, who shall certify
that the design of all stormwater management practices meet the requirements
in this section.
C.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
D.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify
under penalty of law that I understand and agree to comply with the
terms and conditions of the stormwater pollution prevention plan.
I also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
(2)
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
(3)
The certification statement(s) shall become part of the SWPPP for
the land development activity.
E.
Retention of SWPPP. A copy of the SWPPP shall be retained at the
site of the land development activity during construction from the
date of initiation of construction activities to the date of final
stabilization.
A.
All land development activities shall be subject to the following
performance and design criteria:
(1)
Technical standards. For the purpose of this section, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this section:
(a)
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(b)
New York Standards and Specifications for Erosion and Sediment
Control, (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
(2)
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 131-7A(1), above, and the SWPPP shall be prepared by a licensed professional.
(3)
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or their
representative shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve
compliance with the conditions of this section. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
(2)
For land development activities as defined in Subsection C of this section, and meeting the conditions of Subsection F(2)(b), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book.
(3)
The applicant or developer or their representative shall be on site
at all times when construction or grading activity takes place and
shall inspect and document the effectiveness of all erosion and sediment
control practices.
B.
Maintenance easements. Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Village
of Poquott to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this section. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the Counsel for the
Village of Poquott.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
section shall ensure they are operated and maintained to achieve the
goals of this section. Proper operation and maintenance also includes,
as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this section.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
D.
Maintenance agreements. The Village of Poquott shall approve a formal
maintenance agreement for stormwater management facilities binding
on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of Schedule B[1] of this section entitled "Stormwater Control Facility
Maintenance Agreement." The Village of Poquott in lieu of a maintenance
agreement, at its sole discretion, may accept dedication of any existing
or fixture stormwater management facility, provided such facility
meets all the requirements of this section and includes adequate and
perpetual access and sufficient area, by easement or otherwise, for
inspection and regular maintenance.
[1]
Editor's Note: Schedule B is on file in the Village's
offices.
A.
Construction inspection:
(1)
Erosion and sediment control inspection. The Village of Poquott Stormwater
Management Officer may require such inspections as necessary to determine
compliance with this section 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 section and the stormwater
pollution prevention plan (SWPPP), as approved. To obtain inspections,
the applicant shall notify the Village of Poquott enforcement official
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.
(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 Village of Poquott
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. 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 Village of Poquott Stormwater Management
Officer may require monitoring and reporting from entities subject
to this section as are necessary to determine compliance with this
section.
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 Village of Poquott the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 131-9C.
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 of Poquott in its approval of the stormwater
pollution prevention plan, the Village of Poquott 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 Village of Poquott as the beneficiary.
The security shall be in an amount to be determined by the Village
of Poquott 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 of Poquott, 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 of Poquott. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
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 of Poquott with 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 of Poquott may draw upon the account to cover
the costs of proper operation and maintenance, including engineering
and inspection costs.
The Village of Poquott may require entities subject to this
section to maintain records demonstrating compliance with this section.
A.
Notice of violation. When the Village of Poquott determines that
a land development activity is not being carried out in accordance
with the requirements of this section, it may 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 section 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 Village of Poquott may issue a stop-work order
for violations of this section. 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 of
Poquott 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 section.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this section 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 section
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 section
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.
E.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
section, the Stormwater Management Officer may 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 Village of Poquott
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The Village of Poquott may require any person undertaking land
development activities regulated by this section to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Village of Poquott or performed by a
third party for the Village of Poquott.
