A.
Land development projects and associated increases in impervious
cover alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion,
and sediment transport and deposition. This stormwater runoff contributes
to increased quantities of waterborne pollutants. Stormwater runoff,
soil erosion and nonpoint source pollution can be controlled and minimized
through the regulation of stormwater runoff from development sites.
B.
The purpose of this article is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health,
safety, and welfare of the public residing in the watersheds within
the Village. Therefore, the Village establishes this set of water
quality and quantity policies to provide reasonable guidance for the
regulation of stormwater runoff and, in addition to the above, to
safeguard persons, protect property, prevent damage to the environment
in the Village, and comply with the NYSDEC State Pollutant Discharge
Elimination System (SPDES) general permit, for the purpose of protecting
local water resources from degradation. It is determined that the
regulation of stormwater runoff discharges from land development projects
and other construction 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 prevent threats to public
health and safety.
As used in this article, the following terms shall have the
meanings indicated:
Erosion caused by development activities that exceeds the
natural processes by which the surface of the land is worn away by
the action of water, wind, or chemical action.
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
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 permit which authorizes the commencement of new construction
or improvements to an existing structure.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The deliberate appropriation of property by its owner for
general public use.
The temporary storage of storm runoff in a stormwater management
practice with the goals of controlling peak discharge rates and providing
gravity settling of pollutants.
A detention basin or alternative structure designed for the
purpose of temporary storage of stream flow or surface runoff and
gradual release of stored water at controlled rates.
A person who undertakes land disturbance activities.
A legal right granted by a landowner to a grantee allowing
the use of private land for stormwater management purposes.
A plan that is designed to minimize the accelerated erosion
and sediment runoff at a site during construction activities.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
A national pollutant discharge elimination system permit
issued to a commercial industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
Any structure or device designed to infiltrate retained water
to the subsurface. These facilities may be above grade or below grade.
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."
Any activity which changes the volume or peak flow discharge
rate of rainfall runoff from the land surface. This may include the
grading, digging, cutting, scraping, or excavating of soil, placement
of fill materials, paving, construction, substantial removal of vegetation,
or any activity which bares soil or rock or involves the diversion
or piping of any natural or man-made watercourse.
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.
Established by Section 402 of the Clean Water Act,[1] this federally mandated system is used for regulating
point source and stormwater discharges.
A stormwater management measure located outside the subject
property boundary described in the permit application for land development
activity.
A monetary compensation paid to a local government for failure
to meet pollutant load reduction targets.
A stormwater management measure located within the subject
property boundary described in the permit application for land development
activity.
The replenishment of underground water reserves.
Any construction, alteration or improvement exceeding one
or more acres of land or that creates in excess of 15,000 square feet
of new impervious land surface or 6,000 square feet of new parking
space.
A nationally approved program with permits issued in accordance
with the Environmental Conservation Law that authorizes stormwater
discharges from certain construction activities to waters of the United
States.
An order issued which requires that all construction activity
on a site be stopped.
A plan that is designed to minimize the accelerated erosion
and sediment runoff at a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
Devices which are constructed to provide temporary storage
and treatment of stormwater runoff.
The Village of Spencerport.
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.
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."
[1]
Editor's Note: See 33 U.S.C. § 1342.
A.
This article shall be applicable to all subdivision, site plan, and permit applications, unless eligible for an exemption or granted a waiver by the Village in accordance with § 276-20 of this article. This article also applies to land development activities that are smaller than one acre of disturbance if such activities are part of a larger common plan of development, even though multiple separate and distinct land development activities may take place at different times on different schedules. All plans, documents and information required by this article must be reviewed by the Village to ensure that established water quality standards will be maintained during and after development of the site and that post-construction runoff levels are consistent with any local and regional watershed plans.
B.
When a site development plan is submitted that qualifies as a redevelopment project as defined in § 276-15 of this article, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current design criteria. These criteria are dependent on the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the Village.
C.
The following activities shall be exempt from the requirements of
this article:
(1)
Any emergency activity which is immediately necessary for the protection
of life, property or natural resources.
(2)
Existing nursery and agricultural operations conducted as a permitted
main or accessory use.
(3)
Repairs to any stormwater treatment practice deemed necessary by
the Village.
(4)
Additions or modification to existing single-family structures.
(5)
Developments that do not disturb more than one acre of land, provided
they are not part of a larger common development plan.
This article is not intended to interfere with, abrogate, or
annul any other local law, rule or regulation, statute, or other provision
of law. The requirements of this article should be considered minimum
requirements, and where any provision of this article imposes restrictions
different from those imposed by any other local law, rule or regulation,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health and/or the
environment shall be considered to take precedence. Construction activities
that involve land disturbance may also require additional compliance
measures detailed in other regulations and/or local laws.
In accordance with Article 21 of the Village Law of the State
of New York and Article 3 of the Municipal Home Rule Law of the State
of New York, the Village Board of Trustees has the authority to enact
laws for the purpose of promoting the health, safety, or general welfare
of the Village, including the protection and preservation of the property
of its inhabitants. By the same authority, the Village Board of Trustees
may include in any such law provisions for the appointment of any
municipal employees to effectuate and administer such law.
A.
No person(s) shall receive any of the building, grading or other
land development approvals or permits required for land disturbance
activities without first meeting the requirements of this article
to the satisfaction of the Village.
B.
Unless specifically excluded by this article, any landowner or operator
desiring a permit for a land disturbance activity shall comply with
all applicable provisions of this article and shall submit all required
plans, documentation and information as required under this article
to the Village for review and approval.
C.
Required submissions.
(1)
Unless otherwise excepted by this article, the following items shall
be submitted prior to the issuance of a building permit or site plan
approval:
(3)
The stormwater management plan and all other documents required by
this article must be reviewed by the Village to ensure that established
water quality standards will be maintained after development of the
site and that post-construction runoff levels are consistent with
any local and regional watershed plans. Information shall be submitted
as a single, logical package, with all information bound together.
(4)
When a site development plan is submitted that qualifies as a redevelopment project as defined in § 276-15 of this article, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current stormwater design manual. This criteria is dependent on the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the Village.
All persons shall comply with the requirements of this article,
unless a written request is filed to waive the requirements in part
or whole. Requests to waive any requirements of this article shall
be submitted to the Village for approval.
A.
The minimum requirements, for stormwater management may be waived
in whole or in part upon written request of the applicant, provided
that at least one of the following conditions applies:
(1)
It can be demonstrated that the proposed development is not likely
to impair attainment of the objectives of this article.
(2)
Alternative minimum requirements for on-site management of stormwater
discharges have been established in a stormwater management plan that
has been approved by the Village, and the implementation of the plan
is required by local law. These practices are encouraged in order
to minimize the reliance on structural practices. Credit in the form
of reductions in the amount of stormwater that must be managed can
be earned through the use of nonstructural practices that reduce the
generation of stormwater from the site. These nonstructural practices
are explained in detail in the manual Better Site Design: A Handbook
for Changing Development Rules in Your Community. Applicants wishing
to obtain credit for use of nonstructural practices must ensure that
these practices are documented and remain unaltered by subsequent
property owners.
(3)
Provisions are made to manage stormwater by an off-site facility.
The off-site facility is required to be in place, to be designed and
adequately sized to provide a level of stormwater control that is
equal to or greater than that which would be afforded by on-site practices
and there is a legally obligated entity responsible for long-term
operation and maintenance of the stormwater practice.
(4)
The Village finds that meeting the minimum on-site management requirements
is not feasible due to the natural or existing physical characteristics
of a site.
B.
In instances where one of the conditions above applies, the Village
may grant a waiver from strict compliance with these stormwater management
provisions, as long as acceptable mitigation measures are provided.
However, to be eligible for a variance, the applicant must demonstrate
to the satisfaction of the Village that the variance will not result
in the following impacts to downstream waterways:
C.
Furthermore, where compliance with minimum requirements for stormwater
management is waived, the applicant will satisfy the minimum requirements
by meeting one of the mitigation measures selected by the Village.
Mitigation measures may include, but are not limited to, the following:
(1)
The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation (dedication or easement of land, see § 276-21 below). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat.
(2)
The creation of a stormwater management facility or other drainage
improvements on previously developed properties, public or private,
that currently lack stormwater management facilities designed and
constructed in accordance with the purposes and standards of this
article.
A.
Fee in lieu of. Where the Village waives all or part of the minimum
stormwater management requirements, or where the waiver is based on
the provision of adequate stormwater facilities provided downstream
of the proposed development, the applicant shall be required to pay
a fee in an amount as determined by the Village. All monetary contributions
shall be made to a dedicated fund for stormwater management activities.
The fee structure shall be based on the cubic feet of storage required
for stormwater management of the development in question. All of the
monetary contributions shall be made by the developer prior to the
issuance of any permit or approval for the development.
B.
Dedication or easement of land. In lieu of a monetary contribution,
an applicant may obtain a waiver of the required stormwater management
by entering into an agreement with the Village for the granting of
an easement or the dedication of land by the applicant, to be used
for the construction of an off-site stormwater management facility.
The agreement shall be entered into by the applicant and the Village
prior to the recording of plats or, if no record plat is required,
prior to the issuance of the permit.
Unless judged by the Village to be exempt or granted a waiver,
the following performance criteria shall be addressed for stormwater
management at all sites:
A.
All site designs shall establish stormwater management practices
to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater.
These practices should seek to utilize pervious areas for stormwater
treatment and to infiltrate stormwater runoff from driveways, sidewalks,
rooftops, parking lots, and landscaped areas to the maximum extent
practical to provide treatment for both water quality and quantity.
B.
All stormwater runoff generated from new development shall not discharge
untreated stormwater directly into a jurisdictional wetland or local
water body without adequate treatment. Where such discharges are proposed,
the impact of the proposal on wetland functional values shall be assessed
using a method acceptable to the Village. In no case shall the impact
on functional values be any greater than that allowed by the Army
Corps of Engineers (ACE) or the appropriate state agency responsible
for natural resources.
C.
Annual groundwater recharge rates shall be maintained by promoting
infiltration through the use of structural and nonstructural methods.
At a minimum, annual recharge from the post-development site shall
mimic the annual recharge from predevelopment site conditions.
D.
In order to protect stream channels from degradation, specific channel
protection criteria shall be provided as prescribed in the Village
Design Criteria and/or the New York State Stormwater Management Design
Manual.
E.
Stormwater discharges to critical areas with sensitive resources
may be subject to additional performance criteria, or may need to
utilize or restrict certain stormwater management practices.
F.
Stormwater discharges from land uses or activities with higher potential
pollutant loadings, known as "hotspots," may require the use of specific
structural STPs and pollution prevention practices.
G.
Prior to design, applicants are required to consult with the Village
to determine if they are subject to additional stormwater design requirements.
H.
The calculations for determining peak flows, WQv, as found in the
New York State Stormwater Management Design Manual, shall be used
for sizing all stormwater management practices.
The applicant shall consult the Village's Design Criteria and
the New York State Stormwater Management Design Manual for guidance
and requirements related to stormwater management design criteria.
These manual(s) cover items such as but not necessarily limited to:
A.
A stormwater management plan is required as part of the compliance
with this article. This plan must be prepared by an individual approved
by the Village and must indicate whether stormwater will be managed
on-site or off-site and, if on-site, the general location and type
of practices and shall also include sufficient information (e.g.,
maps, hydrologic calculations, etc.) to evaluate the environmental
characteristics of the project site, the potential impacts of all
proposed development of the site, both present and future, on the
water resources, and the effectiveness and acceptability of the measures
proposed for managing stormwater generated at the project site. The
plan must be signed by a licensed professional engineer (PE), who
will verify that the design of all stormwater management practices
meets the submittal requirements outlined in the Submittal Checklist
found in Appendix E of the Stormwater Design Manual. No building or
grading permit or site plan approval shall be issued until a satisfactory
stormwater management plan, or a waiver thereof, shall have undergone
a review and been approved by the Village after determining that the
plan or waiver is consistent with the requirements of this article.
Minimum requirements of said plan are as follows:
(1)
Contact information. The name, address, and telephone number of all
persons having a legal interest in the property and the tax reference
number and parcel number of the property or properties affected.
(2)
Topographic base map. A topographic base map of the site at a scale
of one inch equals 200 feet which extends a minimum of 200 feet beyond
the limits of the proposed development and indicates existing and
proposed buildings, roads, and parking areas; existing surface water
drainage, including streams, ponds, culverts, ditches, and wetlands;
current land use, including all existing structures; locations of
utilities and easements; structural stormwater management and sediment
control facilities; and significant natural and man-made features
not otherwise shown. The map(s) will also clearly show proposed land
use with tabulation of the percentage of surface area to be adapted
to various uses. A written description of the site plan and justification
of proposed changes in natural conditions may also be required.
(3)
Calculations. Hydrologic and hydraulic design calculations for the
predevelopment and post-development conditions for the design storms
specified by the Village that show that the proposed stormwater management
measures are capable of controlling runoff from the site in compliance
with this article and the specifications of the Stormwater Design
Manual. Such calculations shall include:
(a)
Description of the design storm frequency, intensity and duration;
(b)
Time of concentration;
(c)
Soil curve numbers or runoff coefficients;
(d)
Peak runoff rates and total runoff volumes for each watershed
area;
(e)
Infiltration rates, where applicable;
(f)
Culvert capacities;
(g)
Flow velocities;
(h)
Data on the increase in rate and volume of runoff for the design
storms referenced in the Stormwater Design Manual; and
(i)
Documentation of sources for all computation methods and field
test results.
(4)
Site description/inventory. A written or graphic inventory of the
natural resources at the site and surrounding area as it exists prior
to the commencement of the project and a description of the watershed
and its relation to the project site. This description should include
a discussion of soil conditions, forest cover, topography, wetlands,
and other native vegetative areas on the site. Particular attention
should be paid to environmentally sensitive features that provide
particular opportunities or constraints for development.
(5)
Concept plan. The Village may also require a concept plan to consider
the maximum development potential of a site under existing zoning,
regardless of whether the applicant presently intends to develop the
site to its maximum potential.
(6)
Soils information. If a stormwater management control measure depends
on the hydrologic properties of soils (e.g., infiltration basins),
then a soils report shall be submitted. The soils report shall be
based on on-site boring logs or soil pit profiles. The number and
location of required soil borings or soil pits shall be determined
based on what is needed to determine the suitability and distribution
of soil types present at the location of the control measure.
(7)
Maintenance easements. The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. See § 276-26 of this article for additional information.
(8)
Maintenance and repair plan. The design and planning of all stormwater
management facilities shall include detailed maintenance and repair
procedures to ensure their continued function. These plans will identify
the parts or components of a stormwater management facility that need
to be maintained and the equipment and skills or training necessary.
Provisions for the periodic review and evaluation of the effectiveness
of the maintenance program and the need for revisions or additional
maintenance procedures shall be included in the plan.
(9)
Maintenance agreement/covenant. The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by the on-site stormwater management measure(s) in accordance with the specifications of this article. See § 276-26 of this article for additional information.
(10)
Landscaping plan. The applicant must present a detailed plan for management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be prepared by a registered landscape architect or by the soil conservation district. This plan shall also provide that the applicant shall post with the Village a cash security (or additional performance security as part of a letter of credit) equal to 10% of the cost of the landscaping improvements for a period of two years to guarantee the health and maintenance of the landscaping improvements in conformance with the approved landscaping plan. This two-year period shall commence once the Village has verified the landscaping is complete and after Village receipt of the as-built plans as per § 276-27.
(11)
Other environmental permits: the applicant shall assure that
all other applicable environmental permits have been acquired for
the site prior to approval of the final stormwater design plan.
(12)
Previously developed site: for development or redevelopment
occurring on a previously developed site, an applicant shall be required
to include within the plan measures for controlling existing stormwater
runoff discharges from the site in accordance with the standards of
this article to the maximum extent practicable.
B.
Land development activities meeting Condition A, B or C below shall
also include water quantity and water quality controls (post-construction
stormwater runoff controls) and require a stormwater pollution prevention
plan.
(1)
Condition A: stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
state's 303(d)[1] 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.
[1]
Editor's Note: See 33 U.S.C. § 1313(d).
(2)
Condition B: stormwater runoff from land development activities disturbing
five or more acres.
(3)
Condition C: stormwater runoff from construction activity disturbing
between one acre and five acres of land during the course of the project,
exclusive of the construction of single-family residences and construction
activities at agricultural properties.
A.
The Village or designated agent shall make inspections at any reasonable
time for purposes of inspecting the construction of the stormwater
management facilities. The applicant must notify the Village in advance
before the commencement of construction. If any violations are found,
the property owner shall be notified of the nature of the violation
and the required corrective actions. No added work shall proceed until
any violations are corrected and all work previously completed has
received approval by the Village.
B.
Furthermore, when any new drainage control facility is installed
on private property, or when any new connection is made between private
property and a public drainage control system or combined sewer, the
property owner shall grant to the Village the right to enter the property
at reasonable times and in a reasonable manner for the purpose of
inspection. This includes the right to enter a property when it has
a reasonable basis to believe that a violation of this article is
occurring or has occurred, and to enter when necessary for abatement
of a public nuisance or correction of a violation of this article.
A.
Maintenance easement. The applicant or owner of the site must execute
a maintenance easement agreement that shall be binding on all subsequent
owners of land served by the stormwater management facility. The agreement
shall provide for access to the facility at reasonable times for periodic
inspection by the Village, or its contractor or agent, to ensure that
the facility is maintained in proper working condition to meet design
standards and any other provisions established by this article and,
if necessary, to implement emergency repairs to protect the health,
safety and welfare of the public. The easement dimensions shall be
as directed by the Village, and the easement agreement shall be recorded
by the owner in the land records, with a copy provided to the Village.
B.
Maintenance agreements.
(1)
The maintenance and proper operation of all privately owned stormwater
management facilities, including nonstructural practices, shall be
ensured through the creation of a formal and enforceable maintenance
agreement that must be approved by the Village and recorded into the
land records prior to final plan approval. This agreement will include
any and all maintenance easements required to access and inspect the
stormwater management practices, and will outline the procedures and
schedule to be followed to perform routine maintenance as necessary
to ensure proper functioning of the stormwater management practice.
In addition, the legally binding agreement shall identify the parties
responsible for the proper maintenance of all stormwater treatment
practices and include plans for periodic inspections by the owners,
or their designated agent, to ensure proper performance of the facility.
A draft of the agreement shall be provided to the Village for review
and approval, and a final signed copy of the agreement shall be provided
to the Village prior to issuance of any permits for land disturbance
activities.
(2)
The Village, in lieu of a maintenance agreement, may accept dedication
of any existing or future stormwater management facility for maintenance,
provided such facility meets all the requirements of this article
and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.
(3)
Requirements of maintenance agreements. All stormwater management
facilities must undergo, at the minimum, an annual inspection to document
maintenance and repair needs to ensure compliance with the requirements
of this article and accomplishment of its purposes. These needs may
include removal of silt, litter and other debris from all catch basins,
inlets and drainage pipes, grass cutting and vegetation removal, and
necessary replacement of landscape vegetation. Any maintenance needs
found must be identified in writing, along with the schedule and methods
to be employed to complete the maintenance. The maintenance repairs
and restoration schedule are to be approved by the Village prior to
commencing the work, and the Village shall inspect the facility upon
completion of the work. The inspection and maintenance requirement
may be increased by the Village as deemed necessary to ensure proper
functioning of the stormwater management facility.
C.
Records of installation and maintenance activities. Parties responsible
for the operation and maintenance of a stormwater management facility
shall make records of the installation and of all maintenance and
repairs, and shall retain the records for at least five years. These
records shall be made available to the Village during inspection of
the facility and at other reasonable times upon request.
D.
Maintenance guarantees for privately owned stormwater facilities.
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
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 Village acknowledges compliance with all details of
the approved site plan. 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 account to cover
the costs of proper operation and maintenance, including engineering
and inspection costs, until the Village acknowledges compliance with
all details of approved site plan.
A.
As-built plans. All applicants are required to submit actual 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. A final inspection by the Village
is required before the release of any performance securities can occur.
B.
In addition to the above requirements, a landscaping plan must be
submitted with the final design describing the vegetative stabilization
and management techniques to be used at a site after construction
is completed. This plan will explain not only how the site will be
stabilized after construction, but who will be responsible for the
maintenance of vegetation at the site and what practices will be employed
to ensure that adequate vegetative cover is preserved. This plan must
be prepared by a registered landscape architect or by the soil conservation
district, and must be approved prior to receiving a permit.
All applicants are responsible for maintaining the grading of
the site so that it is consistent with the approved as-built plans.
There shall be no post-construction alterations to the landscape that
are not included on the approved landscape plan. Temporary landscape
alterations, such as those associated with utility excavations and
landscaping activities, must be restored to conditions that are consistent
with the approved as-built plans.
A.
Failure to maintain practices. If a responsible party fails or refuses
to meet the requirements of the maintenance agreement, the Village,
after reasonable notice, may correct a violation of the design standards
or maintenance needs by performing all necessary work to place the
facility in proper working condition. In the event that the stormwater
management facility becomes a danger to public safety or public health,
the Village shall notify the party responsible for maintenance of
the stormwater management facility, in writing. Upon receipt of that
notice, the responsible person shall have days to effect maintenance
and repair of the facility in an approved manner. After proper notice,
the Village may assess the owner(s) of the facility for the cost of
repair work and any penalties; and the cost of the work shall be a
lien on the property, or prorated against the beneficial users of
the property, and may be placed on the tax bill and collected as ordinary
taxes by the county.
B.
Violations. Any development activity that is commenced or is conducted
contrary to this article may be restrained by injunction or otherwise
abated in a manner provided by law.
C.
Notice of violation. When the Village determines that an activity
is not being carried out in accordance with the requirements of this
article, it shall issue a written notice of violation to the owner
of the property. The notice of violation shall contain:
(1)
The name and address of the owner 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 development
activity into compliance with this article 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.
D.
Stop-work orders. Persons receiving a notice of violation will be
required to halt all construction and/or maintenance activities. This
stop-work order will be in effect until the Village confirms, in writing,
that the activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a notice of violation in a timely manner
can result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this article.
E.
Civil and criminal penalties. In addition to or as an alternative
to any penalty provided herein or by law, any person who violates
the provisions of this article shall be punished by a fine of not
less than $250 or by imprisonment for a period not to exceed 15 days,
or by both such fine and imprisonment. Such person shall be guilty
of a separate offense for each day during which the violation occurs
or continues.
F.
Holds on occupation permits. Occupation permits may not be granted
until a corrections to all stormwater practices have been made and
accepted by the Village.
(Reserved)
