[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck 3-20-2007 by L.L. No. 7-2007. Amendments
noted where applicable.]
A.
It has been determined by the DEC that:
(1)
Projects 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, and/or
sediment transport and deposition.
(2)
Stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for fish
and other desirable species.
(3)
Clearing and grading during construction tends to increase
soil erosion and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
(4)
Improper design and construction of stormwater management
practices (SMPs) can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation.
(5)
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream baseflow.
(6)
Substantial economic losses can result from the adverse
impacts on the waters of the state from stormwater runoff.
(7)
Stormwater runoff, soil erosion, and nonpoint source
pollution can be controlled and minimized through the regulation of stormwater
runoff from projects.
(8)
The regulation of stormwater runoff discharges from projects
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.
(9)
Regulation of projects 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.
B.
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 the Village and to address DEC's findings of fact in Subsection A of this section. This chapter seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5 of
DEC's SPDES General Permit for Stormwater Discharges from MS4s, Permit
No. GP-02-02, as amended and revised;
(2)
Require projects to conform to the substantive requirements
of the DEC's SPDES General Permit for Construction Activities, GP-02-01,
as amended and revised;
(3)
Minimize increases in stormwater runoff from projects
in order to reduce flooding, siltation, increases in stream temperature, and
streambank erosion and maintain the integrity of stream channels, watercourses,
and waterways;
(4)
Minimize increases in pollution caused by stormwater
runoff from projects which would otherwise degrade local water quality;
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following projects to the maximum
extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion,
and nonpoint source pollution, wherever possible, through SMPs, devices, and/or
structures, and to ensure that these management practices, devices, and/or
structures are properly maintained and eliminate threats to public safety.
A.
This chapter shall be applicable to all projects.
B.
The SMO shall accept and provide for the appropriate
review and/or certification of all stormwater pollution prevention plans (SWPPPs).
The SMO may:
(1)
Review the plans; and/or, if the SMO deems it reasonable,
appropriate, and/or necessary;
(2)
Forward the plans to the Village's consulting engineers,
for their review, the cost of which shall be charged to the applicant; or
(3)
Accept the certification of a licensed/certified professional,
engaged and paid for by the applicant, that the plans conform to the requirements
of this chapter.
C.
All projects subject to review and approval under subdivision,
land development, site plan, and/or special permit regulations shall be reviewed
and approved subject to the standards contained in this chapter.
A.
The following activities are exempt from review under
this chapter:
(1)
Agricultural activity as defined in this chapter.
(2)
Silvicultural activity, other than landing areas and
log haul roads.
(3)
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.
(4)
Repairs to any SMP or facility deemed necessary by the
SMO.
(5)
Any part of a subdivision if a final plat for the subdivision
has been approved by the Village on or before the effective date of this chapter.
(6)
Projects for which a building permit has been approved
on or before the effective date of this chapter.
(7)
Cemetery graves.
(8)
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
(9)
Emergency activity immediately necessary to protect life,
property, or natural resources.
(10)
Activities of an individual engaging in home gardening
by growing flowers, vegetables, and/or other plants primarily for use by that
person and his or her family.
(11)
Landscaping and horticultural activities in connection
with an existing structure.
B.
The inclusion of any activities as exempt in this section
shall not be deemed permission for such activities in a zoning district for
which such activities are not an expressly permitted use.
Unless otherwise expressly stated, the following words shall, for the
purposes of this chapter, have the meanings herein indicated:
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 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 project.
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.
Any activity that removes any vegetative surface cover.
The County Clerk of the County of Nassau, of the state.
The State Department of Environmental Conservation.
The deliberate appropriation of property by its owner for general
public use.
A person who undertakes projects.
The United States Environmental Protection Agency.
The removal of soil particles by the action of water, wind, ice,
or other geological agents.
Excavation or fill of material, including the resulting conditions
therefrom.
Those surfaces, improvements, and structures that cannot effectively
infiltrate rainfall, snow melt, and water (e.g., building rooftops, pavement,
sidewalks, driveways, etc.).
The process of percolating stormwater into the subsoil.
The legal and/or beneficial owner of land, including those holding
the right to purchase or lease the land, and any other person holding proprietary
rights in the land.
A person licensed to practice engineering in the state or certified
professional in erosion and sediment control.
A legally recorded document that acts as a property deed restriction
and provides for long-term maintenance of SMPs.
Pollution from any source other than from a discernible, confined,
and discrete conveyance, and shall include, but not be limited to, pollutants
from agricultural, silvicultural, mining, construction, subsurface disposal,
and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with the stabilization
of each piece completed before the clearing of the next.
The Village Planning Board.
Any of the following which may cause or might reasonably be expected
to cause pollution of the waters of the state in contravention of the pertinent
standards promulgated by the federal government, the state, the Village, or
any other municipality or department thereof, having legal jurisdiction to
impose such standards: dredged spoil; filter backwash; solid waste; incinerator
residue; treated or untreated sewage, garbage, and sewage sludge; munitions;
chemical wastes; biological, radioactive, and hazardous materials; heat; wrecked
or discarded equipment; industrial, municipal, and agricultural waste; ballast
discharged into water; paints, varnishes, and solvents; oil and other automotive
fluids; hazardous and nonhazardous liquid and solid wastes; yard wastes, including
branches, grass clippings, and leaves; refuse, rubbish, garbage, litter, and
other discarded or abandoned objects and accumulations so that same may cause
or contribute to pollution; discharges of soaps, detergents, and floatables;
pesticides, herbicides, and fertilizers; sewage, fecal coliforms, and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that
result from constructing a building, structure, or site improvements; cement,
rock, gravel, sand, silt, mud, other soils; and all other noxious or offensive
matter of any kind.
Sediment or a water quality measurement that addresses sediment (such
as total suspended solids, turbidity, or siltation) and any other pollutant
that has been identified as a cause for impairment of any water body that
will receive a discharge from the project.
Construction activity including clearing, grading, excavating, soil
disturbance, or placement of fill that results in land disturbance of equal
to or greater than one-half acre, or activities disturbing less than one-half
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. Projects include
both land development and land redevelopment.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Stormwater management officer.
Stormwater management practice.
State pollutant discharge elimination system.
Either a SPDES General Permit for Construction Activities GP-02-01
or a SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems GP-02-02.
A SPDES permit issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A SPDES permit issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA- and/or DEC-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
New York State.
An order issued which requires that all construction activity on
a site be stopped.
Rainwater, surface runoff, drainage, and snowmelt.
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 SMPs installed, stabilized, and operating for
the purpose of controlling stormwater runoff.
The Superintendent of the Department of Public Works or such other
employee, municipal engineer, or other public official designated by the Board
of Trustees to enforce this chapter. The SMO may also be designated by the
Village to accept and review stormwater pollution prevention plans, forward
the plans to the applicable Village board and inspect stormwater management
practices.
A measure, either structural or nonstructural, that is 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, that results from precipitation.
A natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
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, 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 a disposal area in wetlands) or did not result
from impoundment of waters of the state.
Stormwater pollution prevention plan.
A list of all surface waters in the state for which beneficial uses
of the water (drinking, recreation, aquatic habitat, and industrial) are impaired
by pollutants, prepared periodically by DEC as required by Section 303(d)
of the federal Clean Water Act. 303(d) listed waters are estuaries, lakes,
and streams that fall short of state surface water quality standards and are
not expected to improve within the next two years.
Total maximum daily load.
The maximum amount of a pollutant allowed to be released into a water
body so as not to impair uses of the water, allocated among the sources of
that pollutant.
A permanent or intermittent stream or other body of water, either
natural or man-made, which gathers or carries surface water.
A stream channel that directs surface runoff to a watercourse or
to a public storm drain.
An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly know as
"hydrophytic vegetation."
A.
SWPPP requirement. No application for approval of a project
shall be reviewed until the Planning Board or SMO has received a SWPPP prepared
in accordance with the specifications in this chapter.
B.
Contents of SWPPPs.
(1)
All SWPPPs shall provide the following background information
and erosion and sediment controls:
(a)
Background information about the scope of the project,
including location, type, and size;
(b)
Site map/construction drawings 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 waters; 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 locations of the stormwater discharges. The site
map should be at a scale no smaller than one inch equals 100 feet, or such
lesser scale as may be required by the SMO or the Planning Board;
(c)
Description of the soils present at the site;
(d)
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 manual, commonly known
as the "Blue Book," as amended and revised, not more than one-half acre shall
be disturbed at any one time unless pursuant to an approved SWPPP;
(e)
Description of the pollution prevention measures that
will be used to control litter, any chemicals used during construction, and
any construction debris from becoming a pollutant source in stormwater runoff;
(f)
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;
(g)
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
close-out;
(h)
A site map/construction drawing depicting the location
and size of each erosion and sediment control practice;
(i)
Dimensions, material specifications, and installation
details for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent
control measures;
(k)
Implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and duration that each practice should remain in place;
(l)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(m)
Names of the receiving waters;
(n)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(o)
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;
(p)
Any existing data that describes the stormwater runoff
at the site; and
(q)
The name, address, telephone and fax numbers, and email
address, if any, of the applicant's representative who will be in charge
of monitoring compliance with this chapter on a daily basis.
(2)
Projects meeting Condition A or B below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3), to the extent applicable:
(a)
Condition A: stormwater runoff from projects discharging
a pollutant of concern either to an impaired water identified on the 303(d)
list or in excess of a TMDL to a designated watershed for which pollutants
in stormwater have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from projects disturbing
one-half acre or more.
(3)
SWPPP requirements for Conditions A and B, to the extent
applicable:
(b)
Description of each postconstruction SMP;
(c)
Site map/construction drawings showing the specific locations
and sizes of each postconstruction SMP;
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable design storms;
(e)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions;
(f)
Dimensions, material specifications, and installation
details for each postconstruction SMP;
(g)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction SMP;
(h)
Maintenance easements to ensure access to all SMPs at
the site for the purpose of inspection and repair. Easements shall be shown
on the plan and indicate that they are to run with the land and be recorded
with the County Clerk;
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 480-7; and
(j)
For Condition A, the SWPPP shall be prepared and signed
by a licensed/certified professional or landscape architect, who shall certify
that the design of all of the SMPs meet the requirements in this chapter.
C.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will be acquired
for the project prior to approval of the final stormwater design plan.
D.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP
who will be involved in soil disturbance and/or SMP installation shall sign
and date a copy of the following certification statement before undertaking
any project:
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"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the SWPPP. I also understand that it is unlawful
for any person to cause or contribute to a violation of water quality standards."
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(2)
The certification must include the name and title of
the person providing the signature, 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 statements shall become part of the
SWPPP for the project.
E.
A copy of the SWPPP shall be retained at the site of
the project during construction from the initiation of construction activities
to the date of final stabilization.
All projects 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. SMPs that are designed and constructed in accordance
with those technical documents shall be presumed to meet the standards imposed
by this chapter:
(1)
The New York State Stormwater Management Design Manual
(DEC), most current version or its successor, as amended and revised, including
applicable updates, that serves as the official guide for SMPs, methods, and
practices within the state.
(2)
The New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2005) manual, commonly known as the "Blue Book," most current version
or its successor, as amended and revised.
B.
Equivalence to technical standards. Where SMPs are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A of this section and the SWPPP shall be prepared by a licensed/certified professional.
C.
Water quality standards. No project shall cause an increase
in turbidity that will result in substantial visible contrast to natural conditions
in surface waters of the state.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the project or its 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)
For projects meeting Condition A or B, the applicant
shall have a licensed/certified 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 an on-site log book.
(3)
The applicant or developer or its 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.
B.
Maintenance easements. 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 agreement 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 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 in a form approved
by counsel for the Village and recorded by the grantor in the office of the
County Clerk. The easement agreement may be waived by the SMO and/or the Planning
Board if the site is being developed for one or more single-family dwellings
or if otherwise not necessary or appropriate.
C.
Maintenance after construction.
(1)
The owner or operator of permanent SMPs installed in
accordance with this chapter shall ensure they are operated and maintained
to achieve the goals of this chapter. Proper operation and maintenance also
includes, as a minimum, the following:
(a)
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.
(b)
Written procedures for operation and maintenance and
training new owners, operators, and/or maintenance personnel.
(2)
Maintenance agreements. The Village 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 in a form approved by counsel for the Village and consistent
with the most stringent of the terms and conditions of the most current "Sample
Stormwater Control Facility Maintenance Agreement" of the State, the County
of Nassau, and the Village. 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. The maintenance
agreement may be waived by the SMO and/or the Planning Board if the site is
being developed for one or more single-family dwellings or if otherwise not
necessary or appropriate.
A.
Erosion and sediment control inspection.
(1)
The SMO 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 fails to comply
with the requirements of this chapter and the SWPPP as approved. To obtain
inspections, the applicant shall notify the SMO at least 48 hours before any
of the following as required by the Village:
(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.
(2)
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 all violations are corrected and all work previously completed has received
approval by the SMO, unless such other further work is expressly approved
by the SMO.
B.
SMP inspections. The SMO is responsible for conducting
inspections of SMPs. Inspections may be performed by the SMO or the SMO may
designate a licensed/certified professional as an inspector, as long as the
designated inspector is required to submit a signed written report to the
SMO. All applicants are required to submit "as built" plans for any SMPs 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 licensed professional engineer.
C.
Inspection of stormwater facilities after project completion.
Inspection programs shall be instituted 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 a SPDES General Permit; and joint inspections with other agencies inspecting
under environmental or other 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 SMPs.
D.
Submission of reports. The SMO may require monitoring
and reporting from 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 grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C of this § 480-8.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all projects related to compliance with
all conditions set forth by the Village in its approval of the SWPPP, the
Village may require the applicant or developer to provide, prior to construction,
a cash escrow or a performance bond or irrevocable letter of credit from a
financial or surety institution authorized to do business in the state, which
guarantees satisfactory completion of the project and names the Village as
the beneficiary, in a form approved by counsel to the Village. The security
shall be in an amount to be determined by the Village based upon submission
of final design plans, with sufficient relevant information to reasonably
estimate the actual construction and landscaping costs. The performance guarantee
shall remain in force until the surety is released from liability by the Village,
provided that such period shall not be less than one year from the date of
final acceptance or such other certification that the facilities have been
constructed in accordance with the approved plans and specifications, and
that an inspection, after said one-year period, has been conducted and the
facilities have been found to be acceptable to the Village. At the option
of the Village, cash deposits may be deposited in interest-bearing accounts.
In the event that the cash deposit is deposited in an interest-bearing account,
the interest on the cash escrow deposit shall be reinvested in the account
and deemed as an additional escrow deposit until the person for whom the escrow
deposit was made is released from liability or the escrow is used to complete
the project. If the cash deposit in escrow is used only in part to complete
the project, upon completion of the project, the balance of the deposit, including
the accrued interest, if any, shall be returned to the depositor.
B.
Maintenance guarantee. When stormwater management and
erosion and sediment control facilities are to be operated and maintained
by the developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be required
to provide the Village with security in the form of a cash escrow or a maintenance
bond or irrevocable letter of credit from a financial or surety institution
authorized to do business in the state, naming the Village as the beneficiary,
in a form approved by counsel to the Village, 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.
The security shall be in an amount to be determined by the Village based upon
submission of the Village's consulting engineers' estimate of the
reasonable cost of such operation and maintenance for a period of one year.
If the developer or landowner fails to properly operate and maintain the stormwater
management and erosion and sediment control facilities, the Village may use
the security to cover the costs of proper operation and maintenance, including
engineering and inspection costs. At the option of the Village, cash deposits
may be deposited in interest-bearing accounts. In the event that the cash
deposit is deposited in an interest-bearing account, the interest on the cash
escrow deposit shall be reinvested in the account and deemed as an additional
escrow deposit until the person for whom the escrow deposit was made is released
from liability or the escrow is used to operate and maintain the stormwater
management and erosion control facilities. If the cash deposit in escrow is
used only in part as of the date that the facilities are removed from operation,
the balance of the deposit, including the accrued interest, if any, shall
be returned to the depositor. In the event that because of the failure of
the owner or operator to properly operate and maintain the stormwater management
and erosion control facilities, the security required hereunder is exhausted
in whole or in part, the Village may require an additional cash escrow or
maintenance bond or irrevocable letter of credit in the amount of the sum
expended.
C.
Recordkeeping. The Village may require entities subject
to this chapter to maintain records demonstrating compliance with this chapter
until the project is completed and for such longer time as deemed appropriate
by the SMO.
A.
Notice of violation.
(1)
When the Village determines that a project is not being
carried out in accordance with the requirements of this chapter, it may issue
a written notice of violation to the landowner, developer, and/or applicant
for the project. The notice of violation shall contain:
(a)
The name and address of the landowner, developer, and/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 project into compliance with this chapter and a time schedule for the
completion of such remedial measures;
(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;
and
(f)
A statement that the determination of violation may be
appealed to the SMO by filing a written notice of appeal within seven days
of service of notice of violation.
(2)
If abatement of a violation and/or restoration of affected
premises is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or make restoration within the
established deadline, the work may be performed by the Village and the expense
thereof shall be charged to the violator and, if unpaid within 30 days, become
a lien upon the violating premises and collected in the same manner as Village
real property taxes.
B.
Stop-work orders. The SMO may issue a stop-work order
for violations of this chapter. Persons receiving a stop-work order shall
be required to halt all projects, except those activities that address the
violations leading to the stop-work order, unless such other projects are
expressly approved to continue by the SMO. The stop-work order shall be in
effect until the Village confirms that the project 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, and/or monetary penalties
in accordance with the enforcement measures authorized in this chapter.
C.
Injunctions. Any project 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. In addition to any penalty provided herein
or otherwise by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine of not more than $2,000,
or imprisonment for a period not to exceed 15 days, 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 more
than $5,000, or imprisonment for a period not to exceed 15 days, 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 more than $10,000,
or imprisonment for a period not to exceed 15 days, or both. Each week's
continued violation shall constitute a separate additional violation.
E.
Withholding of certificate of occupancy. If any building
or project is installed or conducted in violation of any provision of this
chapter the SMO may prevent the occupancy of said building or land and the
Village Building Inspector may withhold or revoke any certificate of occupancy.
F.
Abatement and restoration of lands. Any violator of any
provision of this chapter may be required to abate a violation and/or restore
land to its undisturbed condition. If abatement of a violation and/or restoration
of affected premises is required, the work may be performed by the Village
and the expense thereof shall be charged to the violator and, if unpaid within
30 days, become a lien upon the violating premises and collected in the same
manner as Village real property taxes.
Any person receiving a notice of violation may appeal within seven calendar
days of its issuance. The SMO shall hear the appeal within 15 days after the
filing of the appeal and, within five days of making his or her decision,
issue a decision by certified mail to the appellant. The SMO may conduct the
hearing and take evidence or may designate another officer or employee of
the Village to do so.
A.
If a violation has not been corrected pursuant to the
requirements set forth in the notice of violation or, in the event of an appeal,
within five business days of the decision of the SMO, or in the event that
access is permitted to the SMO pursuant to the provisions of this chapter,
then the SMO may request the owner's permission to take any and all measures
reasonably necessary to abate the violation and/or restore the premises. In
any such case wherein the SMO does take such action, the expense thereof shall
be charged to the violator and, if unpaid within 30 days, become a lien upon
the violating premises and collected in the same manner as Village real property
taxes.
B.
If refused access to the premises, the SMO may seek a
warrant in the Village Court or another court of competent jurisdiction to
be authorized to access the premises to determine whether a violation is occurring
or is reasonably likely to occur if immediate action is not taken. Upon determination
that a violation has occurred or is reasonably likely to occur if immediate
action is not taken, the Village may seek a court order permitting the Village
to take any and all measures reasonably necessary to abate the violation and/or
to prevent the violation from occurring and/or to restore the premises. The
cost of implementing and maintaining such measures shall be the sole responsibility,
jointly and severally, of the landowner, developer, and applicant, if any.
In any such action, the Village shall be entitled to its legal costs and expenses,
including the fees of attorneys and witnesses, as may be awarded by the Court,
and, if such costs, expenses, and fees are not paid within 30 days of demand,
such costs, expenses, and fees shall become a lien upon the violating premises
and collected in the same manner as Village real property taxes.
The remedies listed in this chapter are not exclusive of any other remedies
available under any applicable federal, state, or local law, and it is within
the discretion of the SMO and of the Village to seek cumulative remedies.
The Village may require any person undertaking projects regulated by
this chapter to pay reasonable fees and costs at prevailing rates for review
of SWPPPs, inspections, or SMP maintenance performed by the Village or performed
by a third party for the Village.
