[HISTORY: Adopted by the Town Board of the Town of Cortlandt 9-18-2007
by L.L. No. 12-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations and topsoil removal — See Ch. 157.
Flood damage prevention — See Ch. 175.
Freshwater wetlands, water bodies and watercourses — See Ch. 179.
Sludge and hazardous materials — See Ch. 253.
Steep slopes — See Ch. 259.
Storm sewers — See Ch. 263.
Subdivision of land — See Ch. 265.
Diversion of watercourses — See Ch. 301.
Zoning — See Ch. 307.
In accordance with the Municipal Home Rule Law of the State of New York,
the Town of Cortlandt has the authority to enact local laws for the purpose
of promoting the health, safety or general welfare of the Town and for the
protection and enhancement of its physical environment. With this purpose
in mind, these regulations are enacted with the intent of providing stormwater,
erosion and sediment control practices within the Town of Cortlandt. It is
also the intent of this chapter to promote the public purposes identified
in this section by providing for the protection, preservation, and proper
maintenance of stormwater facilities and preventing or minimizing erosion
due to flooding and stormwater runoff.
As used in this chapter, the following terms shall have the meanings
indicated:
A property owner or agent of a property owner who has filed an application
for a land development activity.
The Town Board, Zoning Board of Appeals, Planning Board or the Director
of the Department of Technical Services or his designee.
A practice or combination of practices that is the most effective
and practicable (including technological, economic and institutional considerations)
means of controlling point or nonpoint source pollutants at levels compatible
with environmental quality goals.
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.
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 Stormwater Design Manual, most recent version,
including applicable updates that serves as the official guide for stormwater
management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue Book."
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 into the subsoil.
Construction activity including clearing, grading, excavating, 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 or a municipally formed drainage district
that acts as a property deed restriction, and which provides for long-term
maintenance of stormwater management 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 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, turbidity 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 area of disturbance.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, 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.
The Director of the Department of Technical Services or his/her designee.
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 a disposal area in wetlands) nor resulted
from impoundment of waters of the state.
An area that is regulated by the Department or by other local laws and ordinances of the Town of Cortlandt. See also Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses.
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.
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.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation.
E.
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream baseflow.
F.
Substantial economic losses can result from these adverse
impacts on the waters of the municipality.
G.
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land development activities.
H.
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.
I.
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 § 262-3 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, when adopted 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, increases in stream temperature,
and stream bank 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 the total annual volume of stormwater runoff
which flows from any specific site during and following development to the
maximum extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater management
practices and ensure that these management practices are properly maintained
and eliminate threats to public safety.
A.
This chapter shall be applicable to all land development
activities as defined in this chapter.
B.
The municipality shall designate the Director of the
Department of Technical Services or his designee to act as Stormwater Management
Officer. The Stormwater Management Officer 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) or
engage the services of a registered professional engineer to review the plans,
specifications and related documents, to be paid for by the applicant.
C.
All land development activities subject to review and
approval by an approving authority (Town Board, Planning Board, Zoning Board
of Appeals, DOTS Director) in the Town of Cortlandt 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 fewer 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 plat for the subdivision
has been approved by the approving authority 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.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
G.
Emergency activity immediately necessary to protect life,
property or natural resources.
H.
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.
I.
Landscaping and horticultural activities in connection
with an existing structure.
A.
Required. No application for approval of a land development
activity shall be finalized until the approving authority has received a stormwater
pollution prevention plan (SWPPP) when required, and prepared in accordance
with the specifications in this chapter.
B.
Contents.
(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 of project.
(b)
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). The
site map should be at a scale no smaller than one inch equals 100 feet.
(c)
Description of the soil(s) 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 (Erosion Control Manual),
not more than five acres 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, construction chemicals and 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(s) specifying the location(s),
size(s) and length(s) 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)
Name(s) of the receiving water(s).
(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.
(2)
Conditions A, B and C.
(a)
Land development activities meeting Condition A, B or
C below shall also include water quantity and water quality controls (postconstruction
stormwater runoff controls) as set forth below as applicable:
[1]
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an 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 construction activity
disturbing between one acre and five acres of land during the course of the
project, exclusive of the construction of single-family residences and construction
activities at agricultural properties.
(b)
SWPPP requirements for Conditions A, B and C:
[2]
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]
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
[6]
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
[7]
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
[8]
Maintenance easements to ensure access to all stormwater
management practices at the site for the purpose of inspection and repair.
Easements shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
C.
Plan certification. 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 that the
design of all stormwater management practices meets the requirements in this
chapter.
D.
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.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP
who will be involved in 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; 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.
F.
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").
(3)
Best management practices if established by resolution
of the Town Board, which may be updated from time to time.
B.
Water quality standards. No land development activity
shall cause an increase in turbidity that will result in visible contrast
to natural conditions in surface waters of the State of New York.
A.
Maintenance 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 their 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 inch of precipitation
or more. The reports shall be delivered to the Stormwater Management Officer
and also copied to the site log book.
B.
Maintenance easement(s). 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 or
petition the Town Board for the establishment of a drainage district which
shall be binding on all subsequent landowners served by the stormwater management
facility. The easement or district shall provide for access to the facility
at reasonable times for periodic inspection by the approving authority of
the Town of Cortlandt 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 recorded in the office of the County
Clerk after approval by the Town Attorney for the Town of Cortlandt.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices 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 Town of Cortlandt 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 consistent with the terms and conditions as set forth by
the Town Attorney and the Director of Technical Services. The Town of Cortlandt,
in lieu of a maintenance agreement, at its sole discretion may establish a
drainage district to 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.
Measures for the control of erosion and sedimentation shall be undertaken
consistent with the most current version of the Westchester County Soil and
Water Conservation District's Best Management Practices Manual for Erosion
and Sediment Control and New York State Guidelines for Urban Erosion and Sediment
Control, as amended, or their equivalents satisfactory to the approval authority.
A.
Erosion and sediment control inspection.
(1)
The Town of Cortlandt 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 Town of Cortlandt enforcement official at least
48 hours before any of the following as required by the Stormwater Management
Officer:
(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 Stormwater Management Officer.
B.
Stormwater management practice inspections. The applicant
is responsible for compliance. The SMO shall conduct periodic 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.
(1)
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.
(2)
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 Town of Cortlandt Stormwater
Management Officer 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 Town of Cortlandt 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 Cortlandt in its
approval of the stormwater pollution prevention plan, the Town of Cortlandt
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 Town of Cortlandt as the beneficiary. The security
shall be in an amount to be determined by the approving authority 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 Cortlandt, 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 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 Cortlandt.
B.
Maintenance guarantee.
(1)
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 Cortlandt
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 Cortlandt may draw upon the account to cover
the costs of proper operation and maintenance, including engineering and inspection
costs.
(2)
Where stormwater management and erosion and sediment
control facilities are to be operated and maintained by the Town of Cortlandt
after the Town has approved all construction, the developer shall provide
the Town of Cortlandt with either cash, or an irrevocable letter of credit
from an approved financial institution or surety to ensure proper operation
of all stormwater management and erosion facilities for a period of not less
than two years after the Town assumes ownership of the facilities.
C.
Recordkeeping. The Town of Cortlandt may require entities
subject to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the Town of Cortlandt 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 Town of Cortlandt 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 Town of Cortlandt 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.
(1)
A violation of this chapter or a regulation made thereunder
is hereby declared to be an offense, punishable by a fine not exceeding $350
or by 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 by imprisonment for a period not to exceed
six months, or both; and upon a 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 by imprisonment for a period
not to exceed six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations of this
chapter or regulation 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 or a civil penalty of up to $3,000 for each violation.
(2)
In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained or any building, structure
or land is used in violation of this chapter, the proper local authorities
of the Town, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use, to restrain, correct or abate
such violations, to prevent occupancy of said building, structure or land
or to prevent any illegal act, conduct, business or use in or about such building,
structure or land, and upon the failure or refusal of the proper local officer,
board or body of the Town to institute any such appropriate action or proceeding
for a period of 10 days after written request by a resident taxpayer of the
Town so to proceed, any three taxpayers of the Town residing in the district
wherein such violation exists who are jointly or severally aggrieved by such
violation may institute such appropriate action or proceeding in like manner
as such local office, board or body of the Town is authorized to do.
(3)
Upon his becoming aware of any violation of any of the
provisions of this chapter, the Director of Code Administration and Enforcement
shall serve notice of such violation on the person or corporation committing
or permitting the same, and if such violation has not ceased within such reasonable
time as the Director of Code Administration and Enforcement may specify, he
shall institute such actions as may be authorized pursuant to this section
and as may otherwise be provided under and pursuant to local laws and ordinances
of the Town of Cortlandt and the laws of the State of New York.
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 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 Cortlandt
may take necessary corrective action, the cost of which shall become a lien
upon the property until paid.
G.
Fees for services. The Town of Cortlandt 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 Town of Cortlandt or performed by a third
party for the Town of Cortlandt.
