[HISTORY: Adopted by the Board of Trustees of the Village of Minoa 11-20-2006
by L.L. No. 3-2006. Amendments noted where applicable.]
This Chapter 135 shall be known as the "Stormwater Management and Erosion and Sediment Control Law of the Village of Minoa."
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.
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat for fish
and other desirable species;
C.
Clearing and grading during construction tends to increase
soil erosion and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream baseflow;
E.
Substantial economic losses can result from these adverse
impacts on the waters of the municipality;
F.
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land development activity;
G.
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;
H.
Regulation of land development activities by means of
performance standards governing stormwater management and site design will
produce development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects of erosion
and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 135-2 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of
the SPDES general permit for stormwater discharges from municipal separate
stormwater sewer systems (MS4s), Permit No. GP-02-02 or as amended or revised;
B.
Require land development activities to conform to the
substantive requirements of the NYS Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) general permit for construction
activities GP-02-01 or as amended or revised;
C.
Minimize increases in stormwater runoff from land development
activities in order to reduce flooding, siltation 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, to the extent otherwise legally required, the
peak rate of stormwater runoff which flows from any specific site during and
following development to an amount equal to or less than the peak rate prior
to development; and
F.
Reduce stormwater runoff rates and soil erosion and nonpoint
source pollution, wherever possible, through stormwater management practices
and to ensure that these management practices are properly maintained and
eliminate threats to public safety.
In accordance with § 10 of the Municipal Home Rule Law of
the State of New York, the Village Board of Trustees of Minoa has the authority
to enact local laws and amend local laws and for the purpose of promoting
the health, safety or general welfare of the Village of Minoa and for the
protection and enhancement of its physical environment. The Village Board
of Trustees of Minoa may include in any such local law provisions for the
appointment of any municipal officer, employees, or independent contractor
to effectuate, administer and enforce such local law.
A.
This chapter shall be applicable to all land development activities as defined in this chapter, § 135-7.
B.
The municipality shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board. The Stormwater Management
Officer may:
(1)
Review the plans;
(2)
Upon approval by the Village Board of Trustees of the
Village of Minoa, engage the services of a registered professional engineer
or other duly qualified professional, as determined by the municipality, to
review the plans, specifications and related documents at a cost not to exceed
a fee schedule established by said governing board from time to time; or
(3)
Accept the certification of such a professional acting
on behalf of the applicant or landowner that the plans conform to the requirements
of this chapter.
C.
All land development activities subject to review and
approval by the Village of Minoa Board of Trustees under subdivision, site
plan, and/or special permit regulations shall be reviewed subject to the standards
contained in this chapter.
The following activities may be exempt from review under this chapter.
A.
Agricultural activity as defined in this chapter.
B.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
C.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
D.
Any part of a subdivision if a final plat for the subdivision,
or part thereof, has been approved by the Village of Minoa on or before the
effective date of this chapter.
E.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
F.
Cemetery graves.
G.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
H.
Emergency activities immediately necessary to protect
life, property or natural resources.
I.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by that person
and his or her family.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meanings as set forth in this section.
The activity of an active farm, including grazing and watering livestock,
irrigating crops, harvesting crops, using land for growing agricultural products,
and cutting timber for sale, but shall not include operation of a dude ranch
or similar operation or the construction of new structures associated with
agricultural activities.
A property owner or agent of a property owner who has filed an application
for a land development activity.
Any structure, either temporary or permanent, having walls and a
roof, designed for the shelter of any person, animal, or property, and occupying
more than 100 square feet of area or as defined under the New York State Building
Code.
A natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for general
public use.
The New York State Department of Environmental Conservation.
The New York State Standards and Specifications for Erosion and Sediment
Control manual, commonly known as the "Blue Book," or any different or successive
manual adopted or recommended by the New York State Department of Environmental
Conservation.
A person who undertakes land development activities.
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement,
sidewalks, driveways, etc.)
A State 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 in the subsoil.
An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as
"hydrophytic vegetation."
Construction activity, including clearing, grading, excavation, soil
disturbance or placement of fill, that results in land disturbance of equal
to or greater than one acre, 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.
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 repair, replacement and maintenance of privately
owned stormwater management facilities and practices.
Pollution from any source other than from any discernible, confined,
and discrete conveyances and shall include, but not be limited to, pollutants
from agricultural, silvicultural, mining, construction, subsurface disposal
and urban runoff sources.
Clearing or developing of a parcel of land in distinct pieces or
parts, with the stabilization of each piece completed before the clearing
of the next.
Sediment or a water quality measurement that addresses sediment (such
as total suspended solids, turbity or siltation) and any other pollutant that
has been identified as a cause of impairment of any water body that will receive
a discharge from the land development activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply preserves, and habitats for threatened, endangered
or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to regulate
disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from municipal
separate storm sewers for compliance with EPA-established water quality standards
and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity on
a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations of hydrocarbons,
trace metals, or toxicants than are found in typical stormwater runoff, based
on monitoring studies.
The use of structural or nonstructural practices that are designed
to reduce stormwater runoff and mitigate its adverse impacts on property,
natural resources, and the environment.
One or a series of stormwater management practices installed, stabilized,
and operating for the purpose of controlling stormwater runoff.
An employee or officer designated by the municipality to accept and
review stormwater pollution prevention plans, forward the plans to the applicable
municipal board, inspect stormwater management practices and/or delegate and
supervise over any of the foregoing to a legally qualified and delegated third-party
agent, employee, independent contractor or consultant.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage and preventing
or reducing point source or nonpoint source pollution inputs to stormwater
runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from a site
during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells,
rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic
Ocean within the territorial seas of the State of New York and all other bodies
of surface water, natural or artificial, inland or coastal, fresh or salt,
public or private (except those private waters that do not combine or effect
a junction with natural surface or underground waters), which are wholly or
partially within or bordering the state or within its jurisdiction. Storm
sewers and waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state. This
exclusion applies only to man-made bodies of water which neither were originally
created in waters of the state (such as disposal area in wetlands) nor resulted
from impoundment of waters of the state.
The Village of Minoa, Onondaga County, New York, or any legally authorized
body, officer, employee, or agent thereof.
A permanent or intermittent stream or other body of water, either
natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or to the
public storm drain.
A.
Stormwater pollution prevention plan requirement. No
application for approval of a land development activity shall be acted upon
until the appropriate board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this chapter.
B.
All SWPPPs shall provide the following background information
and erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of the project.
(2)
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the total site
area; all improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s); wetlands
and drainage patterns that could be affected by the construction activity;
existing and final slopes; locations of off-site material, waste, borrow or
equipment storage areas; and location(s) of the stormwater discharge(s).
(3)
A description of the soil(s) present at the site.
(4)
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. Consistent with the New York Standards
and Specifications for Erosion and Sediment Control (Erosion Sediment Manual),
not more than five acres shall be disturbed at any one time unless pursuant
to an approved SWPPP.
(5)
A description of the pollution protection prevention
measures that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff.
(6)
A description of construction and waste materials expected
to be stored on site, with updates as appropriate, and a description of controls
to reduce pollutants from these materials, including storage practices to
minimize exposure of the materials to stormwater, and spill prevention and
response.
(7)
Temporary and permanent structural and vegetative measures
to be used for soil stabilization, runoff control and sediment control for
each stage of the project from initial land clearing and grubbing to project
closeout.
(8)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins.
(10)
Temporary practices that will be converted to permanent
control measures.
(11)
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 one place.
(12)
A maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice.
(13)
Name(s) of the receiving water(s).
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site.
C.
Land development activities, if otherwise legally required, as defined in § 135-7 of this chapter and meeting Condition A, B or C below shall include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in this Subsection D below as applicable:
(1)
Condition A: Stormwater runoff from land development
activities discharging a pollutant of concern to either impaired water identified
on the Department's 303(d) list of impaired waters or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(2)
Condition B: Stormwater runoff from land development
activities disturbing five or more acres.
(3)
Condition C: Stormwater runoff from land development
activity disturbing between one and five acres of land during the course of
the project, exclusive of the construction of single-family residences.
D.
SWPPP Requirements for Conditions A, B and C:
(2)
A description of each postconstruction stormwater management
practice.
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management practice.
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable design storms.
(5)
A comparison of post-development stormwater runoff conditions
with predevelopment conditions.
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(7)
A maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
(8)
Public and/or private, as required by the Village of
Minoa, easements to ensure access to all stormwater management practices at
the site for the purpose of inspection, maintenance, and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer of
title to the property.
(9)
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 135-10 of this chapter.
(10)
The SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer and must be signed by the
professional preparing the plan, who shall certify to the Village of Minoa
that the design of all stormwater management practices meets the requirements
of this chapter.
E.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
F.
Contractor certification.
(1)
Each contractor and subcontractor who will be involved
in any land development activities, soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify under
penalty of law that I understand and agree to comply with the terms and conditions
of the Stormwater Pollution Prevention Plan. I also understand that it is
unlawful for any person to cause or contribute to a violation of water quality
standards."
(2)
The certification must include the name and title of
the person providing the signature and 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.
(3)
The certification statement(s) shall become part of the
SWPPP for the land development activity.
G.
A copy of the SWPPP shall be retained at the site of
the land development activity during construction from the date of initiation
of construction activities to the date of final stabilization.
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
(New York State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(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 successor, hereafter referred to
as the "Erosion Control Manual").
B.
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New York.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity
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 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. Inspection reports shall be completed every seven
days and within 24 hours of any storm event producing 0.5 inches of precipitation
or more. The reports shall be delivered to the Stormwater Management Officer
and also copied to the site log book.
B.
Easement(s) agreement. 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 agreement substantially in the form of Schedule B,[1] attached hereto, that shall be binding on all subsequent landowners
served by the stormwater management facility. The agreement shall provide
for access to the facility at reasonable times for periodic inspection by
the Village of Minoa to ensure that the facility has been constructed and
is maintained in proper working condition to meet design standards and any
other provisions established by this chapter. The agreement shall be recorded
by the grantor in the Office of the County Clerk after approval by the counsel
for the Village of Minoa. A certified copy of the recorded instrument shall
be delivered to the Village Clerk.
[1]
Editor's Note: Schedule B, Sample Stormwater Control Facility Maintenance Agreement, is included at the end of this chapter.
C.
Maintenance after construction. Permanent (not publicly
owned or dedicated) stormwater management facilities installed in accordance
with this chapter shall be operated and maintained to achieve the goals of
this chapter. Proper operation and maintenance also includes, as a minimum,
the following:
(1)
A preventive/corrective maintenance program for all critical
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the goals
of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Village of Minoa shall approve a formal maintenance agreement for private stormwater management facilities binding on the landowner and 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 and shall contain substantially the terms and conditions of Schedule B[2] of this chapter. The Village of Minoa, in lieu of a maintenance
agreement, at its sole discretion, may accept dedication of any existing or
future stormwater management facility, provided that 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.
[2]
Editor's Note: Schedule B, Sample Stormwater Control Facility Maintenance Agreement, is included at the end of this chapter.
A.
Erosion and sediment control inspection.
(1)
The Village of Minoa Stormwater Management Officer may
require such inspections as necessary to determine compliance with this chapter
and may either accept that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this chapter and
the stormwater pollution prevention plan (SWPPP) as approved. In any such
event, such action or inaction by the Village of Minoa shall not be deemed
to excuse or modify any obligations and duties of the applicant under the
SPDES permit applicable to the land development activity. The applicant shall
notify the Village of Minoa Stormwater Management Officer at least 48 hours
before any of the following, unless waived in writing by the Village of Minoa:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and the developer
shall be notified either verbally or in writing of the nature of the violation
and the required corrective actions. In the Village's sole discretion,
no further work may be conducted, except for site stabilization, until such
violations are corrected and all work previously completed has received approval
by the Stormwater Management Officer.
B.
Stormwater management practice inspections. The developer
shall be responsible for conducting weekly or monthly (and following events
of 1/2 inch of precipitation within a twenty-four-hour period), as the case
may be, as required by applicable NYSDEC regulations, inspections of stormwater
management practices (SMPs) to ensure compliance and to provide inspection
reports to the Stormwater Management Officer certified to by its licensed
professional engineer, which reports shall be reviewed by the Village of Minoa
at the developer's sole cost and expense. All applicants are required
to submit as-built plans for any stormwater management practices located on
site after final construction is completed. The plans must show the final
design specifications and as-built conditions for all stormwater management
facilities and must be certified by a professional engineer or licensed land
surveyor.
C.
Inspection of stormwater facilities after project completion.
Inspection programs shall be established on any reasonable basis, including
but not limited to routine inspections; random inspections; inspections based
upon complaints or other notice of possible violations; inspection of drainage
basins or areas identified as higher-than-typical sources of sediment or other
contaminants or pollutants; inspections of businesses or industries of a type
associated with higher-than-usual discharges of contaminants or pollutants
or with discharges of a type which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but
are not limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other stormwater
management practices.
D.
Submission of reports. The Village of Minoa Stormwater
Management Officer may require such other monitoring and reporting from developers
and entities subject to this chapter as are necessary to determine compliance
with this chapter.
E.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall be deemed to have granted to the Village of Minoa or its representatives the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 135-11C.
A.
Construction completion guarantee. 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 Minoa in its
approval of the Stormwater Pollution Prevention Plan, the Village of Minoa
may require the applicant or developer to provide, prior to construction,
a performance bond, cash escrow, irrevocable letter of credit or irrevocable
assignment of cash account, in a form satisfactory to the Village Attorney,
from an appropriate financial or surety institution which guarantees satisfactory
completion of the project and names the Village of Minoa as the beneficiary.
The security shall be in an amount to be determined by the Village of Minoa
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 Minoa provided that
such period shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) have been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to be acceptable
to the Village of Minoa. Per annum interest on cash escrow deposits shall
be reinvested in the account until the surety is released from liability.
B.
Maintenance guarantee. 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 or after construction, and for
such period of time as may be deemed appropriate by the Village of Minoa,
may be required to provide the Village of Minoa with a performance bond, cash
escrow, irrevocable letter of credit or irrevocable assignment of cash account,
in a form satisfactory to the Village Attorney, 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 Minoa may draw upon the account
to cover the costs of proper operation and maintenance, including engineering
and inspection costs.
C.
Recordkeeping. Entities subject to this chapter shall
maintain records demonstrating compliance with this chapter for a period of
five years.
A.
Notice of violation. When the Village of Minoa 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:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring
the land development activity into compliance with this chapter and a time
schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall or
may be assessed against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be
appealed to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
B.
Stop-work orders. The Village of Minoa 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 Minoa 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.
C.
Violations. 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.
D.
Penalties for offenses. 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 not less than
$350 nor more than $700 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense all of which
were committed within a period of five years, punishable by a fine not less
than $700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this 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.
E.
Withholding 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 suspend or issue a stop-work
order for the land development activity or related work, revoke or suspend
any permits issued, or otherwise prevent the occupancy of said building or
land.
F.
Restoration of lands. Any violator may be required to
restore land to its undisturbed condition. In the event that restoration is
not undertaken within a reasonable time after notice, the Village of Minoa
may take necessary corrective action, the cost of which shall become a lien
upon the property until paid.
The Village of Minoa may require any person undertaking land development
activities regulated by this chapter to pay the costs of the Village Engineer,
Attorney, or other consultants retained by the Village of Minoa and their
prevailing rates for review of preliminary drainage reports/studies, SWPPPs,
inspections, or SMP maintenance or enforcement performed by the Village of
Minoa or performed by such third party for the Village of Minoa.
