[HISTORY: Adopted by the Board of Trustees
of the Village of Rockville Centre 12-17-2007 by L.L. No. 10-2007. Amendments noted where applicable.]
The Board of Trustees of the Village of Rockville
Centre hereby finds and determines as follows:
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 waterborne 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 Village of Rockville Centre has developed
a stormwater management program for coverage under the New York State
Pollution Discharge Elimination System (SPDES) requirements. 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 with in this jurisdiction and to
address the findings of fact in this chapter. This chapter seeks to
meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or
as amended or revised;
B.
Require land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities GP-02-01, or as amended
or revised;
C.
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in creek and channel temperature, and bank erosion, and maintain the
integrity of creeks and 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 to ensure that these management practices
are properly maintained and eliminate threats to public safety.
In accordance with the Municipal Home Rule Law
and Village Law of the State of New York, the Board of Trustees ("Board")
of the Village of Rockville Centre ("Village") has the authority to
enact local laws and amend local laws and for the purpose of promoting
the health, safety or general welfare of the Village and for the protection
and enhancement of its physical environment. The Board may include
in any such local law provisions for the appointment of any municipal
officer, employees, or independent contractor to effectuate, administer
and enforce such local law.
This chapter shall be applicable to all land
development activities as defined in this chapter.
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:
A.
Review the plans;
B.
Upon approval by the Board, engage the services of
a registered professional engineer to review the plans, specifications
and related documents at a cost not to exceed the fee schedule established
by said governing board; or
C.
Accept the certification of a licensed professional
that the plans conform to the requirements of this chapter.
All land development activities subject to review
and approval by the Planning Board or the Board of Appeals under subdivision,
site plan and/or special permit regulations of the Village Code shall
be reviewed subject to the standards contained in this chapter.
All land development activities not subject to review as stated in section § 286-6 shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this chapter.
The following activities shall be exempt from
review under this chapter:
A.
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;
B.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer;
C.
Any part of a subdivision if a plat for the subdivision
has received final approval on or before the effective date of this
chapter;
D.
Land development activities for which a building permit
has been approved and issued on or before the effective date of this
chapter.
E.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles;
F.
Emergency protective measures immediately or imminently
necessary to protect life, property or natural resources;
G.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by
that individual and the family members of such individual;
H.
Landscaping and horticultural activities in connection
with an existing structure or use;
I.
Fire-fighting activities that produce runoff waters
to enter the MS4 or U.S. waters.
The following terms used in this chapter shall
have the meaning set forth in this section:
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
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 Management 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 Environmental Protection Agency.
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.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity including clearing, grading, 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 person currently licensed to practice engineering in New
York State or a Certified Professional in Erosion and Sediment Control
(CPESC).
A legally recorded document 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.
New York State Department of Environmental Conservation.
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.
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 site.
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. This shall include the practices listed on Schedule A included in this chapter.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
The Village Superintendent of Public Works (or the person
serving in the capacity of the Superintendent) or the authorized deputies,
agents or representatives of the Superintendent, including employees
of Village departments, as appropriate, or other persons designated
by the Mayor, with the approval of the Board of Trustees. The SMO
is authorized to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board, inspect
stormwater management practices, and exercise the powers and duties
specified for such official in this chapter.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water (see
also "watercourse" and "waterway").
The Village Superintendent of Public Works.
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.
The Village of Rockville Centre.
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.
The Village Zoning Board of Appeals.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
No application for approval of a land development
activity shall be reviewed until the appropriate board has received
a stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications in this chapter.
A.
Contents of stormwater pollution prevention plans.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of project.
(2)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s). The
site map shall be at a scale no smaller than one inch equals 100 feet;
(3)
Description of the soil(s) present at the site;
(4)
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.
(5)
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;
(6)
Description of construction and waste materials expected
to be stored on site with updates as appropriate, and a description
of controls to reduce pollutants from these materials including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(7)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land clearing
and grubbing to project closeout;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to
permanent control measures;
(11)
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;
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
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; and
(16)
Any existing data that describes the stormwater
runoff at the site.
B.
Land development activities meeting one or more of
the following conditions shall also include water quantity and water
quality controls (postconstruction stormwater runoff controls) as
set forth in this chapter, as applicable:
(1)
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 total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment; or
(2)
Stormwater runoff from land development activities
disturbing five or more acres; or
(3)
Stormwater runoff from land development activity disturbing
between one and five acres of land during the course of the project.
C.
SWPPP requirements. Land development activities meeting
one or more of the foregoing conditions:
(1)
All information in this chapter;
(2)
Description of each postconstruction stormwater management
practice;
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each post construction 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;
(9)
Inspection and maintenance agreement binding on all
subsequent landowners served by the on-site stormwater management
measures in accordance with this chapter.
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.
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.
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."
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. The certification statement(s) shall
become part of the SWPPP for the land development activity.
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").
No land development activity shall cause an
increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the State of New York.
A.
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%.
B.
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 logbook.
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 recorded by the grantor in the office of the
County Clerk after approval by the Village Attorney.
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:
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 maintenance personnel;
C.
Discharges from the SMPs shall not exceed design criteria
or cause or contribute to water quality standard violations in accordance
with this chapter.
A.
The Board shall approve a formal maintenance agreement
for stormwater management facilities binding on all subsequent landowners,
which agreement shall be in a form approved by the Village Attorney,
and recorded by the owner in the office of the County Clerk as a deed
restriction on the property prior to final plan approval.
B.
In lieu of such maintenance agreement, the Board,
in 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 following requirements shall be applicable
to subdivisions of property in addition to any other applicable laws,
rules or regulations pertaining to subdivisions of property in the
Village:
A.
Prior to approval of any preliminary subdivision plat,
a satisfactory stormwater pollution prevention plan (SWPPP) consistent
with the requirements of this chapter shall be provided. The SWPPP
shall meet the performance and design criteria and standards in this
chapter. The approved preliminary subdivision plat shall be consistent
with the provisions of this chapter.
B.
Prior to approval of any final subdivision plat, a
stormwater pollution prevention plan consistent with the requirements
of this chapter and with the terms of preliminary plan approval shall
be required for final subdivision plat approval. The SWPPP shall meet
the performance and design criteria and standards in this chapter.
The approved final subdivision plat shall be consistent with the provisions
of this chapter.
In any case where a site plan approval is required
pursuant to this Code, no such approval shall be granted unless a
stormwater pollution prevention plan consistent with the requirements
of this chapter has been provided as part of the application for site
plan approval. The SWPPP shall meet the performance and design criteria
and standards in this chapter. The approved site plan shall be consistent
with the provisions of this chapter.
The following provisions for construction inspection,
performance guarantees and bonds, and enforcement are applicable to
any project or development subject to this chapter in addition to
the other provisions of this Code; provided, however, that this section
shall not be applicable to the extent that any other provision of
this Code contains a stricter or more stringent requirement:
A.
Inspections.
(1)
Erosion and sediment control inspection. The 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, 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 as a result of any such
inspection, 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 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.
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;
inspect ion 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 perm it; 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 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, or its designee, the right to enter the
property at reasonable times and in a reasonable manner for the purpose
of inspection as specified in this chapter.
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 in its approval of the stormwater
pollution prevention plan, the Board 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 as the beneficiary. The security
shall be in an amount to be determined by the Board 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 Board, provided that such period
shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) have been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the Board. 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 person or entity that owns or manages a nonresidential
facility, the developer, prior to construction, may be required to
provide the Village 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 may draw upon the account to cover the costs
of proper operation and maintenance, including engineering and inspection
costs.
Entities subject to this chapter shall maintain
records demonstrating compliance with this chapter.
A.
Notice of violation. When the Stormwater Management
Officer or other authorized Village official determines that a land
development activity is not being carried out in accordance with the
requirements of this chapter, such official may issue a written notice
of violation to the landowner. The notice of violation shall contain,
at a minimum:
(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 Board by filing a written notice of appeal within
15 days of service of notice of violation.
B.
Stop-work orders. The Stormwater Management Officer
or Code Official 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 official issuing such order, or
the Board, 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.
In addition to any other remedy or penalty applicable
by law, 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.
Unless a higher or more strict penalty is otherwise
provided by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$500 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, such person
shall be punishable by a fine not less than $500 nor more than $1,000
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, such person shall be punishable
by a fine not less than $1,000 or imprisonment for a period not to
exceed six months, or both. Each calendar week in which a violation
occurs or continues 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 or the Code Official may prevent or prohibit the
occupancy of said building or land.
Any person violating any provision of this chapter
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 Board may take necessary corrective action, the
cost of which shall become a lien upon the property until paid.
Any person undertaking land development activities
regulated by this chapter shall pay the fees and costs required pursuant
to the Village's fee regulations, such costs to be paid at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed
by the Village or performed by a third party for the Village.
