A. The Village of Amityville Stormwater Management Officer may require
such inspections as necessary to determine compliance with this chapter
and may either approve that portion of the work completed or notify
the applicant wherein the work fails to comply with the requirements
of this chapter and the stormwater pollution prevention plan (SWPPP)
as approved. To obtain inspections, the applicant shall notify the
Stormwater Management Officer at least 48 hours before any of the
following:
(2) Installation of sediment and erosion control measures.
(3) Completion of site clearing.
(4) Completion of rough grading.
(5) Completion of final grading.
(6) Close of the construction season.
(7) Completion of final landscaping.
(8) Successful establishment of landscaping.
B. If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted, except for
site stabilization, until any violations are corrected and all work
previously completed has received approval by the Stormwater Management
Officer.
The Village of Amityville Stormwater Management Officer is responsible
for conducting inspections of stormwater management practices (SMPs).
All applicants are required to submit as-built plans for any stormwater
management practices located on-site after final construction is completed.
The plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
Inspection programs shall be established on any reasonable basis,
including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical 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.
The Village of Amityville Stormwater Management Officer may
require monitoring and reporting from entities subject to this chapter
as are necessary to determine compliance with this chapter.
When any new stormwater management facility is installed on
private property or when any new connection is made between private
property and the public stormwater system, the landowner shall grant
to the Village of Amityville the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection.
In order to ensure the full and faithful completion of all land
development activities related to compliance with all conditions set
forth by the Village of Amityville in its approval of the stormwater
pollution prevention plan, the Village of Amityville may require the
applicant or developer to provide, prior to construction, a performance
bond, cash escrow, or irrevocable letter of credit from an appropriate
financial or surety institution which guarantees satisfactory completion
of the project and names the Village of Amityville as the beneficiary.
The security shall be in an amount to be determined by the Village
of Amityville 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 Amityville, provided that such period shall not
be less than one year from the date of final acceptance or such other
certification that the facility(ies) has (have) been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to
be acceptable to the Village of Amityville. Per-annum interest on
cash escrow deposits shall be reinvested in the account until the
surety is released from liability.
Where stormwater management and erosion and sediment control
facilities are to be operated and maintained by the developer, or
by a corporation that owns or manages a commercial or industrial facility,
the developer, prior to construction, may be required to provide the
Village of Amityville with an irrevocable letter of credit from an
approved financial institution or surety to ensure proper operation
and maintenance of all stormwater management and erosion control facilities
both during and after construction, and until the facilities are removed
from operation. If the developer or landowner fails to properly operate
and maintain stormwater management and erosion and sediment control
facilities, the Village of Amityville may draw upon the account to
cover the costs of proper operation and maintenance, including engineering
and inspection costs.
The Village of Amityville may require entities subject to this
chapter to maintain records demonstrating compliance herewith.
When the Village of Amityville determines that a land development
activity is not being carried out in accordance with the requirements
of this chapter, it may issue a written notice of violation to the
landowner. The notice of violation shall contain:
A. The name and address of the landowner, developer or applicant;
B. The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
C. A statement specifying the nature of the violation;
D. A description of the remedial measures necessary to bring the land
development activity into compliance with this chapter and a time
schedule for the completion of such remedial action;
E. A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
F. A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of the service of the notice of violation.
The Village of Amityville 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 Amityville confirms
that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop-work
order in a timely manner may result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this chapter.
Any land development activity that is commenced or is conducted
contrary to this chapter may be restrained by injunction or otherwise
abated in a manner provided by law.
In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine of not less than $350 nor more than $700 or imprisonment
for a period not to exceed six months, or both; and upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine of not less than $700
nor more than $1,000 or imprisonment for a period not to exceed six
months, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
If any building or land development activity is installed or
conducted in violation of this chapter, the Stormwater Management
Officer may prevent the occupancy of said building or land.
Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within
a reasonable time after notice, the Village of Amityville may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
The Village of Amityville may require any person undertaking
land development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Village of Amityville or performed by
a third party for the Village Amityville.