[HISTORY: Adopted by the Town Board of the Town of Southold 3-27-2007 by L.L. No. 9-2007; amended in its entirety 6-18-2024 by L.L. No. 11-2024. Other amendments noted where applicable.]
This chapter shall be known as the "Stormwater Management; Erosion and Sediment Control Law."
A. 
Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town.
B. 
Conflict with other laws. In their interpretation and application, the provisions of this chapter shall be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements, of related laws, the most restrictive or that imposing the highest standards shall govern.
It is the purpose of this chapter to promote and protect, to the maximum extent practicable, the public health, safety and general welfare by establishing minimum stormwater management requirements and controls. The objectives of this chapter are as follows:
A. 
Minimizing soil erosion, sedimentation and stormwater runoff;
B. 
Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including, but not limited to, wetlands, bluffs, dunes, beaches, natural protective features, which contribute to the accommodation of floodwaters and retention of sediment;
C. 
Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff and/or which result in discharge onto public lands, neighboring properties or natural protective features;
D. 
Assuring that land and water uses in the Town are designed and/or conducted using best management practices to control flooding, stormwater runoff and minimize stormwater runoff from discharging onto public lands, neighboring properties or natural protective features;
E. 
Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply and minimize saltwater intrusion.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition).
100-YEAR FLOODPLAIN
The land area subject to the highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department.
AGRICULTURAL PRODUCTION
The production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes.
AGRICULTURE
The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including, but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry; products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
BEST MANAGEMENT PRACTICES (BMPs)
Schedule of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce stormwater runoff, retain valuable topsoil and minimize water pollution.
BUILDING
A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property.
BUILDING INSPECTOR
The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter.
CLEAN FILL
Naturally deposited earthen material from an approved upland borrow source.
CLEARING
Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, ringbarking, uprooting, grubbing or burning vegetation, severing, topping or lopping branches, limbs, stems or trunks or substantially damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of vegetation. This definition also includes removal of dead and dying vegetation.
COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES
The initial disturbance of soils associated with clearing, grading or excavation activities, or other construction-related activities that disturb or expose soils, such as demolition, stockpiling of fill material, and the initial installation of erosion and sediment control practices as required by the approved stormwater management control plan.
CONSTRUCTION
The siting, building, erection, extension, or material alteration of any structure, the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade.
CONSTRUCTION ACTIVITY
Activities involving land disturbance of 5,000 square feet or more, including disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition.
DEVELOPER
A person who undertakes land development activities.
DEVELOPMENT
Any man-made change to improved or unimproved real property, including, but not limited to, any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and other services, and creating land forms. Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds or other natural drainage areas.
DISCHARGE
To emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it flowed, if any.
DRAINAGE SYSTEMS
Includes gutters, swales, pipes, conduits and superstructures (e.g., dry wells, sumps, berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal.
EROSION
The wearing away of land as a result of the action of natural forces or man-related activities.
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
EXCAVATION
The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out.
FILLING
The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land.
FINAL STABILIZATION
That all soil disturbance activities have ceased and a uniform, perennial vegetative cover with a density of 80% over the entire pervious surface has been established, or other equivalent stabilization measures, such as permanent landscape mulches, rock riprap or washed/crushed stone have been applied on all disturbed areas that are not covered by permanent structures, concrete or pavement.
GRADING
The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds, or watercourses.
ILLICIT DISCHARGE
Includes but is not limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel.
IMPERVIOUS SURFACE
Any surface exposed to stormwater from which water runs off and cannot pass through, including, but not limited to, structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and accessory structures.
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 5,000 square feet unless determined otherwise by the Department or the Town of Southold, or activities disturbing less than 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.
LANDOWNER
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.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE
A contiguous area where multiple separate and distinct construction activities are occurring, or will occur, under one plan. The term "plan" in "larger common plan of development or sale" is broadly defined as any announcement or piece of documentation [including a sign, public notice or hearing, marketing plan, advertisement, drawing, permit application, State Environmental Quality Review Act (SEQRA) application, zoning request, computer design, etc.] or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating that construction activities may occur on a specific plot.
MUNICIPAL PERMIT
Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold, including, but not limited to, permits for building, grading, demolition, clearing and excavation and subdivision and site plan approvals.
NATURAL DRAINAGE
The stormwater runoff patterns resulting from topographical and geological surface conditions, prior to clearing, regrading or construction.
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, bluff, dune or wetland and the vegetation thereon.
NATURAL WATERCOURSE
The route formed by natural processes, topography and geology leading to a natural watershed.
NATURAL WATERSHED
An area of land which, in its natural state and prior to any man-made change, and due to its topography and geology, drains to a particular location within that area.
PERVIOUS SURFACE
A pervious surface is one that has the ability to be readily penetrated by stormwater or other runoff. Pervious pavement mixtures contain little or no fine particles creating a substantial void content while still maintaining its structure integrity. Aggregate materials typically consist of No. 1 or No. 2 rounded "rocklike" fragments using sufficient approved cementitious materials, paste or bonding agents to permanently fasten aggregate particles together to create a system of highly permeable, interconnected voids that freely drain. Typically, between 15% and 25% of interconnected voids are required for consideration as a pervious pavement. The flow rate of water through pervious surfaces is typically around five gallons per square foot per minute or higher.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
PROJECT
Land development activity.
RESPONSIBLE PARTY
Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this chapter.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SEDIMENTATION
The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special-concern species.
SITE PREPARATION
The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of pollutants of concern or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT CONTROL PLAN
The plan required by the Town to comply with the provisions of this chapter. For the purposes of this chapter, a stormwater pollution prevention plan, when required by the Department's regulations, will qualify as a stormwater management control plan.
STORMWATER RUNOFF
That part of stormwater that flows over the land surface.
STRIPPING
The process of mechanically scraping away topsoil.
STRUCTURE
Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto.
TEMPORARY STABILIZATION
That exposed soil has been covered with material(s) as set forth in the technical standard, New York Standards and Specifications for Erosion and Sediment Control, to prevent the exposed soil from eroding. The materials can include, but are not limited to, mulch, seed and mulch, and erosion control mats (e.g., jute twisted yarn, excelsior wood fiber mats).
TOPSOIL
The uppermost layer of soil, usually the top 15 to 20 centimeters, it having the highest concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity occurs.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
This chapter shall apply and a stormwater management control plan shall be a condition to all building permits issued which include any of the restricted activities identified at § 236-10 herein; and shall govern:
A. 
All grading, drainage and erosion control;
B. 
All new or replaced impervious surface and all land development activities;
C. 
All discharges directly or indirectly to a highway or public right-of-way, public drainage control system, neighboring property, wetland or public waterway; and
D. 
All new and existing land uses within the Town.
All discharges within the Town are subject to this subtitle unless explicitly exempted. Conduct exempted from this subtitle include activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation.
The following discharges are prohibited:
A. 
Discharges to public highways and rights-of-way.
B. 
Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of this Town Code.
C. 
Discharges from private properties to adjoining properties, without express permission.
D. 
Discharges to public drainage control systems and networks, without express permission.
E. 
Discharges of illicit liquids to any of the areas listed above and any other area within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or state.
For all stormwater discharges, responsible parties shall implement and maintain operational source controls to include but not be limited to:
A. 
Installation of drainage control structures to contain and recharge all runoff generated by development.
B. 
Maintaining private roads, streets, driveways, parking lots and walkways.
C. 
Identifying and eliminating unauthorized connections to Town drainage control systems and public right-of-ways.
D. 
Maintaining and protecting natural drainage patterns.
E. 
Maintaining and protecting natural watersheds.
All land-disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls, and shall be required to contain a two-inch rainfall on site, even where a stormwater management control plan is not required under this chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the Building Inspector that the proposed activities can meet this standard, either by the installation of gutters, leaders, drywells or other measures, prior to the issuance of such a municipal permit.
A. 
None of the following activities shall be undertaken until a stormwater management control plan has been approved under the provisions of this chapter.
(1) 
Grading or stripping which affects more than 5,000 square feet of ground surface.
(2) 
Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area.
(3) 
Site preparation on slopes which exceed 10 feet of vertical rise to 100 feet of horizontal distance.
(4) 
Site preparation within 100 feet of wetlands, beach, bluff or coastal erosion hazard area.
(5) 
Site preparation within the 100-year floodplain of any watercourse.
(6) 
Installation of new or resurfaced impervious surfaces of 1,000 square feet or more, unless prior approval of a stormwater management control plan was received by the Town and the proposal includes in-kind replacement of impervious surfaces.
B. 
The following activities shall be exempted from such review:
(1) 
Minor clearing or excavation work not incident to a substantial change in the existing use of the land, which may be reasonably expected not to contribute to any additional on-site generated runoff or degradation of any lands or water beyond the boundaries of the property involved.
(2) 
Emergency repairs on public or private objects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this chapter as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however, any approvals required by this chapter shall be obtained.
(3) 
Routine maintenance or repair work on public or private roads or utility line rights-of-way where interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces.
(4) 
Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge of groundwater.
Where a stormwater management control plan is required by this chapter, all development, construction, excavation and landscaping activities shall be conducted in accordance with an approved stormwater management control plan and all other requirements of this chapter.
A. 
Any applicant for a municipal permit to conduct a development, construction or excavation activity within the Town of Southold shall complete a Stormwater Assessment Form to assist in determining compliance with this chapter. Applicants that meet the threshold set forth above shall also submit a stormwater management control plan to the Building Inspector.
B. 
No municipal permit that shall be issued for activities requiring a stormwater management control plan, nor shall any application therefor be deemed complete, until the Building Inspector has first issued its approval of the stormwater management control plan.
C. 
Such plan may contain the following elements, which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law:
(1) 
A vicinity map drawn to a scale of not less than 2,000 feet to one inch showing the relationship of the site to its general surroundings.
(2) 
A plan of the site drawn to a scale of not less than 100 feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within 500 feet of the site boundary, including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five feet where the slope is 10% or greater and not more than two feet where the slope is less than 10%, soil characteristics, location of wooded areas, the depth to seasonal high watertable and a copy of the Soil Conservation District soil survey where available.
(3) 
Location and description of proposed changes to the site and existing development on the site, which includes:
(a) 
All excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved;
(b) 
All areas requiring clearing, identified as to the nature of vegetation affected;
(c) 
All areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed;
(d) 
All temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent;
(e) 
All temporary and permanent stormwater runoff control measures including soil stabilization techniques and stormwater drainage and storage systems including ponds, recharge and sediment basins (identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet);
(f) 
The anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system;
(g) 
The location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and
(h) 
The final contours of the site at intervals of no greater than two feet.
(4) 
A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project including anticipated starting and completion dates.
A. 
The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water runoff.
B. 
Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public.
C. 
Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken.
D. 
Areas exposed by site preparation shall be protected during site construction with hay bales, temporary vegetation and/or mulching to meet the requirements of the approved stormwater management control plan in effect.
E. 
Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems.
F. 
Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than 30 days prior to commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the shortest practical period of time during site clearing, construction and restoration.
G. 
Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated.
H. 
In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right of way attendant to an adjacent Town highway, at the applicant's expense.
I. 
During the construction period, disposal of stormwater runoff generated by development activity shall be handled on-site. Baling, mulching, debris basins, silt traps, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site.
J. 
All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along waterbodies, including wetlands and marshes, if one is imposed by the Board of Trustees. If necessary, other forms of erosion control measures will also be included.
K. 
Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater on-site for recharge.
L. 
Site designs shall minimize impermeable paving.
M. 
Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly.
N. 
All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permission is obtained from the Board of Trustees. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland.
O. 
Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands.
P. 
The elevation of a wetland shall not be altered.
Q. 
No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation.
R. 
Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement.
S. 
Trails and walking paths along waterbodies shall be sited and constructed so they are not a source of sediment subject to the approval of the Board of Trustees.
T. 
The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, storm water shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters.
U. 
Natural floodplains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and flood waters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition.
V. 
No land having a slope equal to or greater than 20% shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow.
W. 
On lands having slopes of less than 20%, but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted.
X. 
All permanent (final) vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Building Inspector, and no later than the expiration of the municipal permit issued therewith.
Appeals from the requirements herein may be considered by the Board of Zoning Appeals upon the showing of an undue hardship.
A. 
Inspection. Inspection for soil erosion, sedimentation, and runoff control plan compliance shall be conducted by the Building Inspector to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Building Inspector deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Building Inspector may require the submission of a modified plan in order to maintain compliance with this chapter.
B. 
Restoration. Any clearing, excavation or development of land in violation of this chapter shall be corrected forthwith after written notice by the Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred.
C. 
Certificate of occupancy. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been satisfactorily done.
D. 
Fines. Any responsible party undertaking clearing, excavation or development of land in violation of this chapter, or falsifying information in connection with the requirements of this chapter, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than $500 and not more than $2,000. Such person shall be deemed guilty of a separate offense for each day during which a violation of this chapter is committed or continues.
E. 
Enforcement. The Director of Code Enforcement and/or the Building Inspector are responsible for enforcement of the provisions of this chapter, and have the authority to issue violations of this chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above-provided fines, the Town Board may authorize an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.