A.
Erosion and sediment control inspection. The Town
of Moreau Stormwater Management Officer may require such inspections
as necessary to determine compliance with this law 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 law
and the stormwater pollution prevention plan (SPPP) as approved. To
obtain inspections, the applicant shall notify the Town of Moreau
enforcement official at least 48 hours before any of the following
as required by the Stormwater Management Officer:
(1)
Start of construction.
(2)
Installation of sediment and erosion control measures.
(3)
Completion of site clearing.
(4)
Completion of grading.
(5)
Completion of final grading.
(6)
Close of the construction season.
(7)
Completion of final landscaping.
(8)
Successful establishment of landscaping in public
areas.
The Town of Moreau 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 on complaints or other notice
of possible violations; inspections of drainage basins or areas identified
as higher than typical sources of sediment or other contaminants or
pollutants; inspection 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 Town of Moreau Stormwater Management Officer
may require monitoring and reporting from entities subject to this
law as are necessary to determine compliance with this law.
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 Moreau the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Article III hereof.
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 Moreau in its approval of the
stormwater pollution prevention plan, the Town of Moreau 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 Moreau as the beneficiary. The
security shall be in amount to be determined by the Town of Moreau
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 Moreau, 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 Town of Moreau. 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 Town of Moreau 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 Moreau may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
The Town of Moreau may require entities subject
to this law to maintain records demonstrating compliance to this law.
A.
Notice of violation. When the Town of Moreau determines
that a land development activity is not being carried out in accordance
with the requirements of this local law, 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 local
law and a time schedule for the completion of such remedial action.
(5)
A statement of the penalty or penalties that shall
be assessed against the person to whom the notice of violation is
directed.
(6)
A statement of 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.
The Town of Moreau may issue a stop-work order
for violations of this law. 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 Moreau 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 local law.
Any land development activity that is commenced
or is conducted contrary to this local law 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 local law 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 of a third or subsequent offense all of which
were committed within five years, punishable by a fine 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 local
law 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 local law, 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 Town of Moreau
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
