It is hereby determined that:
A. 
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.
B. 
Stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat and increases in water temperature which are detrimental to fish and other desirable species.
C. 
Clearing and grading during construction tends to increase soil erosion and impact native vegetation necessary for terrestrial and aquatic habitat.
D. 
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation.
E. 
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow.
F. 
Substantial economic losses can result from these adverse impacts of stormwater runoff on the waters of the municipality.
G. 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.
H. 
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.
I. 
Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development which is more 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.
J. 
Climate change and the increased risk of severe storms, with the capacity to increase stormwater runoff and soil erosion, poses a significant threat to a community's sustainability and the health and safety of its citizens through potential increases in pollution of its waterways and damage to infrastructure, economic assets, and natural resources.
K. 
Green infrastructure (GI) is shown to be an effective method for reducing impacts from stormwater runoff. It delivers many co-benefits, and considering subarea context, GI should be implemented in order to restore natural hydrologic regimes, increase infiltration, slow runoff, and protect communities from the risks associated with stormwater runoff and soil erosion.
L. 
Stream buffers and vegetated floodplains treat stormwater, improve water quality, reduce floodwater velocity, and provide space to accommodate flood events.
M. 
Fitting development design to terrain and avoiding and mitigating impacts on steep slopes, floodplains, and wetlands helps to preserve natural hydrology, drainageways, and natural resources of sites, reduces the need for grading and land disturbance, and provides a framework for an integrated site design and layout.
This article establishes 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 § 165-26 hereof. The article seeks to meet those purposes by achieving the following objectives:
A. 
Meet the requirements of Minimum Control Measures 4 and 5 of the most current applicable version of the New York SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s);
B. 
Require land development activities to conform to the substantive requirements of the most current applicable version of the SPDES General Permit for Stormwater Discharges from Construction Activities;
C. 
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion, and maintain the integrity of stream channels;
D. 
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
E. 
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable;
F. 
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices while ensuring that these management practices are properly maintained and sustained and eliminate threats to public safety;
G. 
Advance the use of green infrastructure practices to control stormwater runoff, such as protecting natural areas, reducing impervious cover, maintaining natural hydrology, and using GI-based runoff reduction techniques to the maximum extent practicable;
H. 
Adapt to current and projected climate change impacts, decrease risk of storm-related flooding, and increase resilience to severe storm surges;
I. 
Reduce the impact on the environment, protect water quality, reduce the potential for erosion and protect sensitive habitats by locating development away from floodplains, more ecologically sensitive areas, by considering the relationship of development to permeable soils, and limiting the amount of clearing and grading; and
J. 
Ensure control of stormwater management and the altered potential for flooding on site and on adjacent properties through a requirement that there be express permission in order to conduct land development activity.
A. 
This chapter shall be applicable to all actions that are not exempt land development activities as defined in this chapter, Article I, § 165-3. All land development activities subject to review and approval by the Planning Board of the Village of New Paltz under zoning or subdivision policy (including site plan and/or special permit regulations) shall also be reviewed subject to the standards contained in this chapter. Likewise, a land development activity coming before the Zoning Board of Appeals of the Village shall also be covered by the standards within this chapter.
B. 
The municipality shall designate the Stormwater Management Officer, as defined in Article I, § 165-3, as the official who shall accept and administer all required stormwater pollution prevention plans (SWPPPs). The SMO may:
(1) 
Review an SWPPP, when applicable, including to define whether any initial submission is complete and may be referred to the Village Planning Board or Zoning Board, if applicable, for its review and approval (This is typically design-stage.);
(2) 
Engage the services of a registered professional engineer, or other qualified professional, to review SWPPPs, including all attendant specifications and related documents, at a cost not to exceed the rates established within a schedule and structure established by the SMO, such cost of review being fully funded by an applicant and reimbursable to the Village using an applicant-funded escrow account (also known as a "trust and agency account") established and administered for that purpose. Funding placed within an escrow for the purpose of underwriting review is in addition to any associated fees established by the Village Trustees;
(3) 
Accept the certification of a licensed or credentialed qualified professional on behalf of an applicant that an SWPPP conforms to the requirements of this chapter, including any case where an action is not subject to review per preceding Subsection B(1);
(4) 
Approve an SWPPP. For cases where the Planning Board and/or Zoning Board of Appeals were involved in granting a permit or approval, such as for a site plan, and there has already been submission and review of a stormwater pollution prevention plan (SWPPP) with a written determination or decision of such body, such as conditional approval, when the Stormwater Management Officer is delegated such responsibility, the SMO may administer and approve the SWPPP in its final form (final SWPPP) in compliance with the requirements of this chapter and any project-specific conditions or stipulations;
(5) 
Requests for waivers.
(a) 
The Stormwater Management Officer may act on a written request for waiver from § 165-29B by providing the rationale for granting such waiver and defining any stipulations associated with it by making a written determination.
(b) 
Any other waiver requested by an applicant, in writing, may be granted by the Stormwater Management Officer based on a majority vote in favor of allowing such waiver by the Stormwater Management Committee.
A. 
No application for approval of a land development activity shall be reviewed until the appropriate board receives a substantially complete and intelligible stormwater pollution prevention plan prepared in accordance with the specifications in this chapter.
B. 
Contents of stormwater pollution prevention plans. All SWPPPs shall be appropriately linked to a site plan, when a site plan is required under zoning, in that the SWPPP must be referenced on and relate to the main site plan presenting the overall development program.
(1) 
Each SWPPP shall provide the following data, contextual descriptions, programming and specifications, including details of the construction phase erosion and sediment control plans and specifications:
(a) 
Background information about the project scope, including location, type, and size of project.
(b) 
A smaller-scale general location map at one inch equals 200 feet.
(c) 
Site map(s)/construction drawing(s) for the project, at a scale preferably of one inch equals 50 feet, but no smaller than one inch equals 100 feet. At a minimum, the site map should show total site area; existing stormwater management systems, including MS4, on or within 100 feet of the property; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s) and classifications, if available, as well as any regulated buffer area, as per Village, state, or federal policy; 100-year floodplain and floodway boundaries; wetlands; drainage patterns that could be affected by the construction activity; existing and final contours; locations of different soil types with boundaries; locations of on- and off-site material, waste, borrow or equipment storage and construction staging areas; and location(s) of the stormwater discharges(s).
(d) 
Additional descriptions of soil(s) present at the site, including identification of the hydrologic soil group (HSG) and soil erosion factor(s).
(e) 
A 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. Following methodology consistent with the protocols within the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than one acre shall be disturbed at any one time unless pursuant to an approved SWPPP.
(f) 
A 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.
(g) 
A description of ground cover conditions on the property.
(h) 
A description of construction and waste materials expected to be stored on site, with updates as appropriate, and a description and specifications of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and for spill prevention and response.
(i) 
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/grubbing to project close-out.
(j) 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
(k) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
(l) 
Temporary practices that will be converted to permanent control measures.
(m) 
An implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and the duration that each practice should remain in place.
(n) 
A maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(o) 
The name(s) of the receiving water(s).
(p) 
Delineation of SWPPP implementation responsibilities for each part of the site.
(q) 
A 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.
(r) 
Any existing data that describes the stormwater runoff at the site.
(s) 
Clear demarcations of the areas of impervious surface (cover) for pre-construction, construction and post-construction conditions, with summary figures of the areas and percentages of impervious surface pre- and post-construction.
(t) 
Identification, if there is not equivalence to technical standards and documentation required per § 165-33B.
(u) 
This type of SWPPP shall be prepared by a landscape architect (preferably registered or possessing at least an associate's degree in landscape architecture), a certified stormwater professional (possessing a credential from a national organization with a recognized standard), or professional engineer, and it must be signed by the qualified professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this chapter.
(2) 
Land development activities as defined in § 165-3 and meeting Condition A or B below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 165-29B(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 NYSDEC'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 where the amount of land disturbance is equal to one acre, or when there is disturbance of one or more acres, either at one point or cumulatively, per a plan of common development, exclusive of exempt land development activities.
(3) 
SWPPP requirements for Conditions A and B shall include:
(a) 
All information in § 165-29B(1) of this chapter.
(b) 
Documentation verifying that stormwater management planning process was conducted to assess the potential to use green infrastructure practices as per the Design Manual. Detailed descriptions as to why green infrastructure practice cannot be utilized within the design must be provided with discussion on the top three techniques evaluated for feasibility and practicality.
(c) 
A description of each post-construction stormwater management practice.
(d) 
A site map/construction drawing(s) showing the specific location(s), size(s), and specification of each post-construction stormwater management practice.
(e) 
Hydrologic and hydraulic analyses for all structural components of the stormwater management system for the applicable design storms.
(f) 
Comparison of post-development stormwater runoff conditions with pre-development conditions.
(g) 
Increases in stormwater runoff volume as a result of the land development activity shall be presented. Potential downstream impacts due to increased volume and proposed methods to lessen the volume shall be discussed.
(h) 
Locations, dimensions, material specifications and installation details for each post-construction stormwater management practice.
(i) 
Infiltration practices for water quality treatment are preferred, if practicable and fitting with area context, either in conjunction with green infrastructure practices or after the use of green infrastructure practices has been exhausted (per the Design Manual), if soils and other physical characteristics are suitable, including if the project does not involve a stormwater hotspot, or if when it does, the design of the applicable practice(s) is shown to be feasible as documented by a qualified professional. If infiltration practices are not used, a detailed description as to why this cannot be achieved must be provided.
(j) 
Bioretention practices for water quality treatment are preferred after the use of green infrastructure practices in the design has been exhausted (per the requirements of the Design Manual) if physical characteristics of the site are suitable. If bioretention practices are not used, a detailed description as to why this cannot be achieved must be provided.
(k) 
The method of soil compaction should be discussed. During construction, compaction of landscaped or pervious areas should be avoided, or if it cannot be avoided, minimized, to allow infiltration of stormwater into the subsoil.
(l) 
A maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.
(m) 
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be specified on site plans recorded on the plan and shall remain in effect with transfer of title to the property through requirements to record these easements, provide proof of their recording to the SMO, and update and reference them on any subsequent site plan amendment.
(n) 
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with the maintenance, inspection, and repair requirements of this chapter, including but not limited to § 165-31 and §§ 165-35 through 165-38, with unique identification of any portions that are intended to be dedicated as part of an MS4.
(o) 
Construction or post-construction performance guarantees, such as in accordance with requirements in zoning, in conjunction with review of site plans, and construction pursuant to them, or as otherwise arranged by the Stormwater Management Officer.
(p) 
For Condition A or B, the SWPPP shall be prepared by a landscape architect or a certified stormwater professional with the supervision of a professional engineer, or by a professional engineer, and it must be signed by all qualified professionals involved with preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this chapter.
(q) 
Explicit written identification when there is departure from standard techniques and there is equivalence achieved to technical standards and associated documentation, as required per § 165-33B.
(r) 
A description of permits and approvals necessary and the anticipated sequence.
A. 
The applicant shall assure that all other applicable permits and environmental approvals have been, or will be, acquired for the land development activity prior to approval of the final stormwater design plan.
B. 
Except for exempt land development activity, it is a requirement to obtain a building permit from the Village of New Paltz in order to conduct ground-disturbing activity. The Stormwater Management Officer may be contacted in person or in writing to ascertain whether a potential proposed activity requires a building permit.
A. 
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance, stormwater management practice installation, and future operation and maintenance of stormwater practices shall be registered with the Building Department and 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."
B. 
The certification must include the name and title of the person providing the signature; the address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
C. 
The certification statement(s) shall become part of the SWPPP for the land development activity.
A copy of the SWPPP and all documentation necessary to demonstrate compliance with this chapter 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.
All land development activities shall be subject to the following performance and design criteria:
A. 
Technical standards. For the purpose of this chapter, 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 chapter:
(1) 
The New York State Stormwater Management Design Manual (NYSDEC, most current version, or its effected successor, hereafter "Design Manual").
(a) 
Stormwater management practices must be selected, designed, installed, and maintained to meet the performance criteria in the Design Manual using sound engineering judgment.
(b) 
Within various submissions made to the Village, documentation should define, in writing, how stormwater management practices were designed to meet applicable sizing criteria.
(2) 
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 effected successor, hereafter referred to as the "Erosion Control Manual").
B. 
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 the preceding Subsection A, and the SWPPP shall be prepared and stamped by a licensed professional engineer, with a detailed explanation provided of each specific departure from the applicable standards, the rationale, and the alternative approach used, with discussion of the impacts.
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 or his or her 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 chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2) 
The applicant or developer or his or her registered and appropriately trained and authorized 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.
(3) 
For land development activities meeting Condition A or B in § 165-29B(2), 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 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
B. 
Maintenance easement(s). 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 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 New Paltz to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village.
C. 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall ensure they are operated and maintained to achieve the goals of this chapter. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 165-34. Proper operation and maintenance also includes, as a minimum, the following, which must be submitted to the Village for its records for the property:
(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 chapter.
(2) 
Written procedures for operation and maintenance and training operations and maintenance personnel.
D. 
Required reports after construction completion: See § 165-37.
A. 
The Village of New Paltz 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 Appendix B, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Village, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance and repair.
[1]
Editor's Note: Appendix B is on file in the Village offices.
B. 
All applicants are required to submit as-built plans for any stormwater management practices specified within the approved SWPPP after final construction is completed. As-built plans must show the final design specifications for all stormwater management facilities, including the conveyance system, and must be certified by a professional engineer. This shall include any stormwater management practices located on site.
The Village Board, based upon guidance of the Planning Board and/or Stormwater Management Officer, may require that prior to construction, or on-site or public improvements, including landscaping and buffering requirements, site preparation and stabilization activities, and any necessary engineering, surveying, field work, legal, or other administrative or compliance expenses needed to construct and properly sustain stormwater management improvements, be secured by a performance guarantee put into effect in a mutually agreed upon manner.
A. 
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities relating to compliance with conditions in an approved stormwater pollution prevention plan and/or site plan, the applicant or developer may be required to provide a bond, cash escrow, irrevocable letter of credit, or other acceptable performance guarantee, which shall provide, in the case of default or other circumstances, including those which may not be foreseen, for satisfactory completion of the project, and which names the Village as beneficiary. Such security shall be in an amount determined by the Planning Board based on submitted final design plans, with written reference to itemized costs in a comprehensive schedule. (In alternative instances, this may determined by the SMO.) This shall remain in full force and effect until it, or part of it, is released from liability by the Village Trustees based on a voice vote recorded in adopted minutes. (Any subsequent amounts remaining shall, likewise, be in full effect unless formally released by liability by the Trustees.) For a site plan with an SWPPP, the period that a performance guarantee shall typically remain in force for is not less than one year from the date of final acceptance, or such other certification that facilities have been constructed in accordance with approved plans and specifications, and that a one-year inspection has been conducted and the facilities have been found by the Village to be acceptable in terms of their quality and durability of construction and demonstrated operation according to acceptable tolerances or ranges thereof.
B. 
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by and at the responsibility of the applicant or developer, prior to construction, these entities may be required to provide the Village with a bond, cash escrow, irrevocable letter of credit from an approved financial institution, or other acceptable surety, to ensure there are resources available to support and sustain the 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 there is failure to properly operate and maintain stormwater management and erosion and sediment control facilities, the Village may draw upon the account to cover costs of proper operation and maintenance, including legal, engineering and inspection costs. A contract should be executed in such instances.
C. 
Recordkeeping. The Village should require entities subject to this section to maintain records demonstrating compliance with this chapter and any guarantees, including annual or other periodic written reports on progress, and to confirm that the performance guarantee remains in good standing should the Village have to rely upon it. Recordkeeping on performance guarantees may be linked with any applicable maintenance agreement and any required maintenance, inspection and reporting during or after construction. Periodic reports must be submitted to the Stormwater Management Officer as well as the Village Clerk, Treasurer and Attorney.
The Stormwater Management Officer may conduct, cause or require such inspections as necessary to determine compliance with this chapter. The SMO may, in writing, either approve that portion of the work completed, or notify the applicant wherein work fails to comply with requirements of this chapter, a valid site plan, and an approved SWPPP.
A. 
Stormwater management practice inspections. In conjunction with the ongoing administration and enforcement of any stormwater pollution prevention plan, the Stormwater Management Officer may conduct or cause inspections of stormwater management practices (SMPs), both during the building permit stages as well as in conjunction with administering certificates of occupancy.
(1) 
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or any altered connection is made between private property and the public stormwater system, the landowner shall grant to the Village, and its assigns, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
(2) 
Noncompliance. Consistent with established Village procedure, if violations are found based on an inspection, the Stormwater Management Officer may require immediate corrective actions with no further work allowed to be conducted except for site stabilization until such violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. An order for corrective actions shall be followed within a reasonable time with a written report detailing such violation and defining corrective actions.
(3) 
Inspection support. The Stormwater Management Officer may require any party to deposit into escrow the reasonable costs at prevailing rates for construction and post-construction inspections. The purpose may include for providing stormwater management practice (SMP) maintenance and quality control, including as performed by a third party contracted, in writing, at the discretion of the Village, who will report to the SMO. If any escrow is not maintained with sufficient monies (reserves) by the developer/responsible party, then this may be cause for a stop-work order, a notice of violation, modification of site plan, revocation of building permit, revocation of certificate of occupancy, assessment of additional fees, and/or penalty on violation.
(4) 
Recordkeeping; submission of reports. The Stormwater Management Officer may require monitoring and written reporting from entities (such as the developer) subject to this chapter as necessary to determine compliance both during and after construction. Given that the Planning Board typically approves site plans (and attendant SWPPPs), it is reasonably expected that the Village's qualified consultants providing professional/technical services during the application review stage, including engineers and/or certified professionals in erosion and sediment control, will remain involved with such administration, and will issue written reports of inspections as assigned, in writing, by the Stormwater Management Officer. This chapter provides for the same practices and procedures for funding (underwriting) such professional technical services as is provided for as described in § 212-66B, Escrow deposits, within the Zoning chapter. It shall be required practice for any service delivery by professional technical service providers to be backed up by timely written reports submitted to the Stormwater Management Officer and for these technical services to be provided at the direction of the Stormwater Management Officer.
(5) 
Inspection of stormwater facilities after project completion. Inspection programs, routine in nature or not, shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections based upon complaints or other notice of possible violations; inspection of drainage basins or other property or MS4 inspections; inspections of areas identified as having higher than typical sources or incidences of sediment or other contaminants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants 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.
B. 
Inspection schedule. Each of the following inspections are encouraged to be requested, in writing, by a landowner/responsible party. To obtain inspections, the applicant shall notify the Stormwater Management Officer at least five business days before, and preferably further in advance of, any of the following inspections as required in the applicable site plan, stormwater pollution prevention plan, or as required by the Stormwater Management Officer. It is required for the applicant to obtain from the SMO permission, in writing, to proceed with any nonroutine inspection called for in the SWPPP, or any other specifically required inspection wherein the SMO, or his or her designee, will not be in attendance for such scheduled inspection and the applicant's qualified professional will thus conduct such inspection and/or tests and must thereafter within a reasonable time submit the results in writing:
(1) 
Start of construction.
(2) 
Installation of sediment and erosion control measures.
(3) 
Completion of site clearing.
(4) 
Completion of rough grading.
(5) 
Installation of key permanent components, including outfalls and infrastructure proposed to become part of the MS4.
(6) 
Completion of final grading.
(7) 
Close of the construction season.
(8) 
Completion of final landscaping.
(9) 
Successful establishment of landscaping.
In addition to any other fees established in conjunction with receiving and processing an application/submission and administering this chapter, the Village of New Paltz may require any person undertaking any activities, including land development activities, regulated by this chapter to pay reasonable costs at prevailing rates for the review of SWPPPs, inspections, or SMP maintenance either performed by the Village, or performed by a duly authorized third party for the Village.
Consistent with § 165-16, any regulated activity herein, including any land development activity that is commenced or is conducted contrary to this chapter, may be provided a written notice of violation, restrained by injunction, and/or otherwise abated in a manner provided by law.
A. 
Stop-work orders. The Village of New Paltz may 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 of New Paltz confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. In addition to any costs and fees imposed, 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.
B. 
Withholding or withdrawal of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the Stormwater Management Officer may prevent the occupancy of said building or land, or may withdraw a certificate of occupancy.
C. 
Restoration of lands. Any violator may be required to repair land to its pre-development/undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Village may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
D. 
Notice of violation. When the Village determines that a land development activity is not being carried out in accordance with requirements of this chapter, the notice of violation shall contain:
(1) 
The name and address of the landowner;
(2) 
The address, SBL(s), and a description of the building, structure or land upon which the violation is occurring;
(3) 
The name and address of the party identified who conducted the noncompliant activity;
(4) 
A statement specifying the nature of the violation;
(5) 
A description of 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, as well as any required monitoring or reporting;
(6) 
A statement of fees, penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(7) 
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.
A. 
Consistent with § 165-19, any person or corporation, whether as owner, lessee, vendee, qualified professional, builder or contractor, operator, or any other agent or employee of any of the same, who violates or is accessory to the violation of any provision of this chapter, or any regulation made under the authority conferred by this article or chapter may be liable for an administrative sanction.
B. 
An administrative sanction is reasonably applied against persons or corporations conducting ground-disturbing activities and/or creating impervious surfaces, or changes the use of land, including from open, undeveloped or unused or forested area, including by denuding large areas of contiguous trees, or who shall erect, construct, alter, enlarge, convert or move any building or structure, including below ground, including by making changes in regulated landscaping and grading beyond the current line or grade, without an express approval hereunder, including a building permit, or in contradiction of any statement or plans submitted and approved under the provisions of this chapter.