[Adopted 4-1-2008]
A.
Land disturbance activities and associated increases
in impervious cover alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, and sediment transport and deposition. This stormwater
runoff contributes to increased quantities of waterborne pollutants.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from development sites.
B.
During the construction process, soil is the most
vulnerable to erosion by wind and water. This eroded soil endangers
water resources by reducing water quality and causing the siltation
of aquatic habitat for fish and other desirable species. Eroded soil
also necessitates maintenance and/or repair of sewers and ditches,
and the dredging of waterways. In addition, clearing and/or grading
during construction tends to increase soil erosion and causes the
loss of native vegetation necessary for terrestrial and aquatic habitat
and to provide a healthy living environment for citizens of Town of
Parma. Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
streambank erosion and sedimentation. Impervious surfaces allow less
water to percolate into the soil, thereby decreasing groundwater recharge
and stream base flow. Regulation of land disturbance 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.
C.
As a result, the purpose of this article is to safeguard
public health, protect property, prevent damage to the environment
and promote the public welfare by guiding, regulating, and controlling
the design, construction, use, and maintenance of any development
or other activity which disturbs or breaks the topsoil or results
in the movement of earth on land in Town of Parma. It seeks to meet
those purposes by achieving the following objectives:
(1)
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;
(2)
Require land disturbance 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, or as amended or revised;
(3)
Minimize increases in stormwater runoff from land
disturbance activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
(4)
Minimize increases in pollution caused by stormwater
runoff from land disturbance activities which would otherwise degrade
local water quality;
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
(6)
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.
As used in this article, the following terms
shall have the meanings indicated:
The activity of an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land disturbance activity.
Any activity which removes the vegetative surface cover.
Individual(s) directed by the Town of Parma to conduct site
inspections and/or perform other municipal duties.
Construction activities including clearing, grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
Measures that minimize erosion.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures such as the use of mulches or geotextiles
have been employed on all unpaved areas and areas not covered by permanent
structures.
Excavation or fill of material, including the resulting conditions
thereof.
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 disturbance activities may take place at different times on different
schedules.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
The most recent version of this publication which is commonly
known as the "Blue Book."
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.
Clearing a parcel of land in distinct sections with the stabilization
of each section before the clearing of the next.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Measures that prevent eroded sediment from leaving the site.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements, which show the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
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.
The first land disturbance activity associated with a development,
including: land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The 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.
Town of Parma.
A channel that directs surface runoff to a watercourse, or
to the public storm drain.
This article shall be applicable to all land disturbance activities that will disturb one or more acres of land unless exempted under § 128-7B of this article. The ordinance also applies to land disturbance activities of less than one acre if such activities are part of a larger common plan of development or sale that will disturb one or more acres, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
A.
Compliance with this article does not relieve the
applicant of the obligation and responsibility to obtain separate
coverage under the NYSDEC SPDES General Permit for Construction Activities
if required. For projects also applying for coverage under the NYSDEC
SPDES General Permit for Stormwater Discharges from Construction Activity,
the applicant shall submit a copy of the stormwater pollution prevention
plan (SWPPP), a notice of intent (NOI) with a certification statement
including the date demonstrating submission to the NYSDEC, a letter
of permission from the NYSDEC granting approval to disturb five acres
or greater of land at one time (if applicable) and any related documents
to the Building Department for review and approval.
B.
The requirements of this article should be considered
minimum requirements and where any provision of this article imposes
restrictions different from those imposed by any other federal, state,
or local ordinance, rule or regulation, or other provision of law,
the provisions that are more restrictive or impose more stringent
requirements shall take precedence.
In accordance with the Municipal Home Rule Law
of the State of New York, the Town of Parma Town Board has the authority
to enact this article for the purpose of promoting the health, safety,
or general welfare of the Town, including the protection and preservation
of the property of its inhabitants. By the same authority, the Town
Board may include in any such ordinance provisions for the appointment
of any municipal employees to effectuate and administer such law.
A.
The Town of Parma requires the use of technical standards
for erosion and sediment controls. These are detailed in the Town's
Design Criteria and the New York State Department of Environmental
Conservation's Standards and Specifications for Erosion and Sediment
Control. For the design of water quality and water quantity controls
(postconstruction stormwater runoff control practices), the NYSDEC's
technical standards are detailed in the New York State Stormwater
Management Design Manual.
B.
Where stormwater management practices are not in accordance
with the aforementioned technical standards, the applicant or developer
must demonstrate equivalence to these technical standards and the
SWPPP shall be prepared by a licensed/certified professional.
A.
Requirements of application.
(1)
Any applicant requesting site plan approval or a permit
for land disturbance activity which would require the disturbance
of greater than or equal to one acre of land shall also include with
a submission a SWPPP that shall be reviewed and approved by the Town
prior to issuance of the final site plan approval or a permit.
(2)
No applicant shall be granted site plan approval or
a permit which would require the disturbance of greater than or equal
to one acre of land without the review and approval of a SWPPP by
the Town.
(3)
Furthermore, prior to the issuance of a permit or
site plan approval all projects that would result in the disturbance
of greater than or equal to one acre of land will be required to comply
with all applicable provisions of the Ordinance for Design and Management
of Postconstruction Stormwater Pollution Prevention Measures.[1] As part of the SWPPP, the applicant shall include a signed
statement that all applicable requirements of the Ordinance for Design
and Management of Postconstruction Stormwater Pollution Prevention
Measures have been met to the satisfaction of the Town of Parma.
(4)
Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 128-17.
(5)
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 128-9 of this article.
(6)
Each application shall include a statement that any
land clearing, construction, or development involving the movement
of land shall be in accordance with the submitted SWPPP.
(7)
All land disturbance activities as defined in § 128-2 of this article not subject to site plan or permit approval shall be required to submit a SWPPP to the Stormwater Management Officer designated by the Town Board who shall approve the SWPPP if it complies with the requirements of this article.
B.
Exemptions. The following activities are exempt from
review under this article:
(1)
Any emergency activity which is immediately necessary
for the protection of public health, property or natural resources.
(2)
Agricultural activity as defined in this article.
(3)
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
(4)
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.
(5)
Repairs to any stormwater treatment practice deemed
necessary by Town of Parma.
The Town may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Town prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The financial guarantee may be in the form of cash, escrow or letter of credit from an appropriate financial or surety institution which names the Town as the beneficiary. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 128-9 of this article. At its discretion, the Town may allow for a partial release of the financial guarantee based on the completion of various development stages.
A.
The Town shall designate a Stormwater Management Officer
who shall accept and review all SWPPPs and forward such plans to the
applicable municipal board. A consultant cannot be appointed as a
Stormwater Management Officer. The Stormwater Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the Town Board, engage the services
of a New York State licensed professional engineer to review the plans,
specifications and related documents at a cost not to exceed a fee
schedule established by said governing board; or
(3)
Accept the certification of a licensed/certified professional
that the plans conform to the requirements of this article.
B.
Prior to final approval of a land disturbance activity, a SWPPP shall be prepared by the applicant in accordance with the specifications outlined by the Town and submitted to the Stormwater Management Officer designated by the Town for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 128-2 of this article. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meets the requirements outlined in the Town's design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of Town.
C.
The requirements to have a SWPPP prepared by a qualified
professional and to have the final plan signed and certified by a
New York State licensed professional engineer (PE) are not applicable
to land disturbance activities that meet technical standards and are
five acres or less occurring on a single-family residence which is
not part of a larger common plan of development, or an agricultural
property. In addition, these land disturbance activities must not
discharge directly to a 303(d) impaired water body or must not be
located in a total maximum daily load (TMDL) watershed.
D.
Minimum requirements.
(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 and contact
information that includes the name, address, and telephone number
of all persons having a legal interest in the property and the tax
reference number and parcel number of the subject property or properties.
(b)
Site map/construction drawing(s) for the project,
including a general location map and a topographic base map of the
site at a scale of one inch equals 50 feet which extends a minimum
of 100 feet beyond the limits of the proposed development. 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) including receiving
waters (name of the water), streams, ponds, culverts, ditches, and
wetlands as well as drainage patterns that could be affected by the
construction activity; existing and final slopes; locations of utilities,
roads, soils types, forest cover, and significant natural and manmade
features not otherwise shown; locations of off-site material, waste,
borrow or equipment storage areas, proposed concrete clean-out basin(s)
and construction entrance; and location(s) of the stormwater discharges(s);
and resources protected under other chapters of this article or by
easements.
(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, final
grading and landscaping, and any other activity at the site that results
in soil disturbance. Sequencing shall identify the expected date on
which clearing will begin and the estimated duration of exposure of
cleared areas. Consistent with the New York State Standards and Specifications
for Erosion and Sediment Control, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP and
a letter of permission from the NYSDEC.
(e)
A description of the pollution prevention measures
that will be used to control litter and prevent construction chemicals
and construction debris from becoming a pollutant source in the stormwater
discharges; a description of construction and waste materials expected
to be stored on site with updates as appropriate; a description of
controls that will be implemented to reduce pollutants from these
materials, including storage practices to minimize exposure of the
materials to stormwater; and a description of spill prevention and
response measures.
(f)
A description of the 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 disturbance to project closeout, including who will
be responsible for the maintenance and implementation of said features
at the site and what practices will be employed to ensure that adequate
vegetative cover is established and preserved. For temporary and permanent
vegetative control measures, the seeding mixtures and rates, types
of sod, method of seedbed preparation, depth of topsoil, expected
seeding dates, type and rate of lime and fertilizer application, and
kind and quantity of mulching shall be provided.
(g)
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice.
(h)
Illustration of all necessary erosion and sediment
control measures, including the siting and sizing of any temporary
sediment basins and provide the dimensions, material specifications
and installation details for each throughout all phases of construction
and completion of development of the site. Depending upon the complexity
of the project, the drafting of intermediate plans may be required
at the close of each season.
(i)
Identification of all temporary practices that
will be converted to permanent control measures.
(j)
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.
(k)
Identification of the parts or components of
the SWPPP that require maintenance. Furthermore, it shall also provide
a schedule of required maintenance and identify the party responsible
for such work.
(l)
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.
(m)
Any existing data that describes the stormwater
runoff at the site.
(n)
Assurance that all other applicable environmental
permits have been acquired for the site prior to initial land disturbance.
Copies of the applicable environmental permits shall be provided to
the Town.
(o)
Assurance that the applicant or his or her "responsible
individual" shall be on site at all times when earthwork takes place
and shall inspect and document the effectiveness of all erosion and
sediment control practices.
(p)
Assurance that all contractors and subcontractors
involved in soil disturbance and/or stormwater management practice
installation and maintenance shall be identified in the SWPPP. All
such contractors and subcontractors shall sign a copy of the following
certification statement before undertaking any land disturbance activity
at the site: "I certify under penalty of law that I understand and
agree to comply with the terms and conditions of the SWPPP. I also
understand that it is unlawful for any person to cause or contribute
to a violation of the 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. The certification
statement must be included in the SWPPP.
E.
Modifications to the plan after approval.
(1)
Major amendments of the SWPPP shall be submitted to
the Town and shall be approved or disapproved.
(2)
The applicant shall amend the SWPPP whenever:
(a)
There is a significant change in design, construction,
operation, or maintenance which may have a significant effect on the
potential for the discharge of pollutants to the waters of the United
States and which has not otherwise been addressed in the SWPPP; or
(b)
The SWPPP proves to be ineffective in providing
the proper stormwater pollution prevention and erosion and sediment
control as required by this article. Amendments to the SWPPP may be
reviewed by the Town. A copy of the newly amended SWPPP must be provided
to the Town within five business days; or
(c)
Site development has not commenced within 18
months from SWPPP approval.
(3)
Additionally, the SWPPP shall be amended to identify
any new contractor or subcontractor that will implement any measure
of the SWPPP. The Town may request copies of signed contractor certification
statements from new contractors/subcontractors working on the site.
(4)
Field modifications of a minor nature may be authorized
in writing by Town or its designated agent to the applicant.
A.
Town inspections.
(1)
The Town or designated agent as defined in § 128-2 shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the SWPPP. In addition, the Town reserves the right to enter the work site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or his or her agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization. To obtain inspections, the applicant shall notify the Town at least 48 hours before the following activities occur:
(a)
Start of construction;
(b)
Erosion and sediment control measures have been
installed and stabilized;
(c)
Site clearing has been completed;
(d)
Rough grading has been completed;
(e)
Final grading has been completed;
(f)
Close of the construction season;
(g)
Final landscaping;
(h)
Closeout inspection.
(2)
The above inspection timetable does not relieve the
owner of the obligation under this or any other permit or regulation
to conduct regular inspections as set forth in said permit and/or
regulation.
(3)
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 earthwork shall be conducted
on the site, except for site stabilization until the violations are
corrected and approved by the Town.
B.
Property owner/developer inspections.
(1)
The applicant shall employ a responsible individual as defined in § 128-2 of this article who will oversee the implementation of the SWPPP on a daily basis. The responsible individual 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. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to the Town within five days after the month's end.
(2)
The requirement to employ a qualified professional
to inspect and document the effectiveness of all erosion and sediment
control practices is not applicable to land disturbance activities
five acres or less occurring on a single-family residence which is
not part of a larger common plan of development or on an agricultural
property. In addition, these land disturbance activities must not
discharge directly to a 303(d) impaired water body or must not be
located in a total maximum daily load (TMDL) watershed.
A.
B.
Maintenance.
(1)
The applicant shall at all times properly operate
and maintain all stormwater management facilities and erosion and
sediment control measures which are installed or used by the applicant
to achieve compliance with the conditions of this article. Sediment
shall be removed from sediment traps or sediment ponds whenever their
design capacity has been reduced by 50%. The land disturbance activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
(2)
At the end of the construction season, when soil disturbance
activities will be finalized or suspended until the following spring,
it may be desirable to reduce the frequency of the required weekly
site inspections to monthly inspections. In order to reduce inspection
frequencies, the applicant must complete stabilization activities
before proper installation is precluded by snow cover or frozen ground.
If vegetation is used as a stabilization method, seeding, planting,
and/or sodding must be scheduled to avoid fall frosts and to allow
for proper germination/establishment. Installations and maintenance
must be done according to the New York State Standards and Specifications
for Erosion and Sediment Control.
C.
Closeout. The applicant must satisfy the following
project closeout requirements:
(1)
Reestablish grade of all permanent stormwater facilities;
(2)
Inspect grading of all drainage structures and provide
elevation as-builts to the Town;
(3)
Establish perennial vegetative cover to a density
of 80% over 100% of the site;
(4)
Removal of all debris and temporary erosion and sediment
control practices;
(5)
Provide a written certification by a New York State licensed/certified professional that the site has undergone final stabilization (as defined in § 128-2) and that all temporary erosion and sediment controls not needed for long-term erosion control have been removed;
(6)
Complete any other measure deemed appropriate and
necessary by the Town to stabilize the project site.
A.
Notice of violation. When the Town determines that
an activity is not being carried out in accordance with the requirements
of this article, it shall issue a written notice of violation to the
owner of the property. The notice of violation shall contain:
(1)
The name and address of the owner or applicant;
(2)
The address (when available) or a description of the
building, structure or land on 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 development activity into compliance with this article and
a time schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that may be
assessed against the person(s) to whom the notice of violation is
directed.
B.
Stop-work order. The Town may issue a stop-work order
for violations of this article. Persons receiving a stop-work order
shall be required to halt all land disturbance 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 confirms
that the land disturbance activity is in compliance, the violation
has been satisfactorily addressed and the appropriate fee has been
paid to remove the stop-work order. 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 article.
C.
Violations and penalties.
(1)
Failure to comply with any provision or requirement
of this article or violation of any statement, plan, application,
permit or certification approved under the provisions of this article,
shall be considered a violation punishable by a fine and/or imprisonment,
as provided for in § 10(4)(b) of the Municipal Home Rule
Law of the State of New York. Each day on which any violation of any
of the provisions of this article occurs shall constitute one offense
and each successive day of violation shall constitute a separate and
distinct offense.
(2)
Any person who violates the provisions of this article
shall be subject to a fine not exceeding $350 or imprisonment for
a period not to exceed 15 days, or both for conviction of a first
offense; a second violation of this article committed within a period
of five years is punishable by a fine not less than $350 nor more
than $700 or imprisonment for a period not to exceed 30 days, or both;
and a third or subsequent violation, all of which were committed within
a period of five years, is punishable by a fine not less than $700
nor more than $1,000 or imprisonment for a period not to exceed 30
days, or both.
D.
Withholding of certificate of occupancy. Certificates
of occupancy may not be granted until corrections to all stormwater
management practices have been made and accepted by the Town.
A.
If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation, the municipal
authority, its representatives and/or employees may enter upon the
subject private property with the consent of the owner or with a valid
search and/or seizure warrant, and are authorized to take any and
all measures necessary to abate the violation and/or restore the property.
B.
Cost. Within 10 days after abatement of the violation,
the owner of the property will be notified of the cost of abatement,
including administrative costs. If the amount due is not paid within
30 days, the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount
of the assessment. Any person violating any provision of this article
shall become liable to the Town of Parma by reason of such violation.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the Town may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violators expense,
and/or a civil action to abate, enjoin or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state, local law or ordinance and it is within the discretion of the
Town to seek cumulative remedies.
A review fee shall be paid by any applicant
or its agent whenever the services of the Town Engineer or other professional
are required to review sketches, plats or plans submitted for Town
approval. The applicant shall also reimburse the Town for all reasonable
and necessary engineering, administrative, and legal expenses incurred
by the Town in connection with the review, inspection and consideration
of a stormwater pollution prevention plan.
