A.
Erosion and sediment control inspection.
(1)
The Town of Poughkeepsie Building Inspector may require such inspections as necessary to determine compliance with Part 2 of 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 the SWPPP as approved. To obtain inspections, the applicant shall notify the Town of Poughkeepsie enforcement official at least two working days before any of the following as required by the Town Building Inspector:
(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 developer
shall be notified in writing of the nature of the violation and the
required corrective actions. No further work shall be conducted, except
for site stabilization, until any violations are corrected and all
work previously completed has received approval by the Town Engineer.
B.
Stormwater management practice inspections. The Town
of Poughkeepsie Building Inspector is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit "as built" plans for any stormwater management practices
located on-site after final construction is completed. The plan must
show the final design specifications for all stormwater management
facilities and must be certified by a professional engineer.
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.
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 Town of Poughkeepsie the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
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 Town of
Poughkeepsie in its approval of the SWPPP, the Town of Poughkeepsie
may require the applicant or developer to provide, prior to construction,
a performance bond, cash escrow, or irrevocable letter of credit,
in a form acceptable to the Town Attorney, from an appropriate financial
or surety institution which guarantees satisfactory completion of
the project and names the Town of Poughkeepsie as the beneficiary.
The security shall be in an amount to be determined by the Town of
Poughkeepsie 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 Town of Poughkeepsie, provided that such period shall not be
less than one year from the date of final acceptance or such other
certification that the facility(ies) has (have) been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to
be acceptable to the Town of Poughkeepsie.
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 construction,
may be required to provide the Town of Poughkeepsie with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction,
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Poughkeepsie
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
A.
Notice of violation. When the Town of Poughkeepsie by its Building Inspector, determines that a land development activity is not being carried out in accordance with the requirements of Part 2 of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
[Amended 4-19-2006 by L.L. No. 10-2006]
(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 Part 2 of 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 Town of Poughkeepsie by its Building Inspector, may issue a stop-work order for violations of Part 2 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 Town of Poughkeepsie 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 Part 2 of this chapter.
[Amended 4-19-2006 by L.L. No. 10-2006]
C.
Violations. Any land development activity that is commenced or is conducted contrary to Part 2 of this chapter may be restrained by injunction or otherwise abated in a manner provided by law.
D.
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of Part 2 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 of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of Part 2 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 Part 2 of this chapter, the Building Inspector may 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 Town
of Poughkeepsie may take necessary corrective action, the cost of
which shall become a lien upon the property until paid.
G.
In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this chapter, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this chapter may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the Town Board of the Town of Poughkeepsie.
[Added 6-3-2009 by L.L. No. 22-2009]
The Town of Poughkeepsie may require any person undertaking land development activities regulated by Part 2 of this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Poughkeepsie or performed by a third party for the Town of Poughkeepsie.
