A.
The Village of Bellerose Stormwater Management Officer
may require such inspections as necessary to determine compliance with this
chapter and may either approve that portion of the work completed or notify
the applicant wherein the work falls to comply with the requirements of this
chapter and the stormwater pollution prevention plan (SWPPP) as approved.
To obtain inspections, the applicant shall notify the Village of Bellerose
enforcement official at least 48 hours before any of the following, as required
by the Stormwater Management Officer:
(1)
Start of construction.
(2)
Installation of sediment and erosion control measures.
(3)
Completion of site clearing.
(4)
Completion of rough grading.
(5)
Completion of final grading.
(6)
Close of the construction season.
(7)
Completion of final landscaping.
(8)
Successful establishment of landscaping.
B.
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.
The Village of Bellerose 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.
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 discharges
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.
The Village of Bellerose Stormwater Management Officer may require monitoring
and reporting from entities subject to this chapter as are necessary to determine
compliance with this chapter.
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 Bellerose
the right to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection.
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 Bellerose in its approval of the stormwater pollution prevention plan,
the Village of Bellerose 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 Bellerose
as the beneficiary. The security shall be in an amount to be determined by
the Village of Bellerose 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 Bellerose, 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)
has (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 Bellerose. 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 Bellerose 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 Bellerose may draw upon the account to
cover the costs of proper operation and maintenance, including engineering
and inspection costs.
The Village of Bellerose may require entities subject to this chapter
to maintain records demonstrating compliance herewith.
When the Village of Bellerose determines that a land development activity
is not being carried out in accordance with the requirements of this chapter,
it may issue a written notice of violation to the landowner. The notice of
violation shall contain:
A.
The name and address of the landowner, developer or applicant.
B.
The address, when available, or a description of the
building, structure or land upon which the violation is occurring.
C.
A statement specifying the nature of the violation.
D.
A description of the remedial measures necessary to bring
the land development activity into compliance with this chapter and a time
schedule for the completion of such remedial action.
E.
A statement of the penalty or penalties that shall or
may be assessed against the person to whom the notice of violation is directed.
F.
A statement that the determination of violation may be
appealed to the municipality by filing a written notice of appeal within 15
days of the service of the notice of violation.
The Village of Bellerose 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 Bellerose confirms that the land development
activity is in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result in civil,
criminal, or monetary penalties in accordance with the enforcement measures
authorized in this chapter.
Any land development activity that is commenced or is conducted contrary
to this chapter may be restrained by injunction or otherwise abated in a manner
provided by law.
In addition to or as an alternative to any penalty provided herein or
by law, any person who violates the provisions of this chapter shall be guilty
of a violation punishable by a fine not exceeding $350 or imprisonment for
a period not to exceed 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 of 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 of 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 chapter 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.
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.
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 Bellerose may take necessary corrective action, the
cost of which shall become a lien upon the property until paid.
The Village of Bellerose may require any person undertaking land development
activities regulated by this chapter to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed by the
Village of Bellerose or performed by a third party for the Village Bellerose.
