[HISTORY: Adopted by the Board of Trustees
of the Village of Briarcliff Manor 12-20-2007 by L.L. No. 9-2007. Amendments noted where applicable.]
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 waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
C.
Improper 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 streambank erosion and sedimentation;
E.
Impervious surfaces do not allow water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow and increasing surface runoff;
F.
Substantial economic losses can result from these
adverse impacts on the waters of the Village;
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 land disturbance.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public and to address the findings of fact in § 184-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures four and
five 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 stream temperature, and streambank 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 disturbance
from land development activities 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.
A.
All land development activities, including but not limited to land development activities subject to review and approval by the appropriate approving authority of the Village under subdivision, site plan, special permit, steep slope, natural resources, wetland, tree removal permit and/or other land use or environmental permit regulations, shall be reviewed subject to the standards contained in this article. Activities which require a building permit or excavation permit, but which do not meet the defined size threshold in § 184-5 for a land development activity shall be reviewed under the provisions of § 184-7 of this article.
C.
The Stormwater Management Officer shall accept, review
and be the approving authority for all stormwater pollution prevention
plans, except as follows:
(1)
The Planning Board shall be the approving authority
for any application involving property that is also the subject of
a pending site plan or subdivision application before that Board in
accordance with the zoning requirements of the Village or steep slopes,
natural resources, wetlands, tree removal or other environmental permit
before that Board in accordance with Village Code.
(2)
The Village Board of Trustees shall be the approving
authority for any application involving property that is also the
subject of a pending special permit or other land use or environmental
application before that Board in accordance with the zoning requirements
of the Village.
D.
The approving authority may:
(1)
Review the plans;
(2)
Upon approval by the Village Board of Trustees, engage
the services of a registered 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 professional
that the plans conform to the requirements of this article.
The following activities shall be exempt from
review under this article:
A.
Agricultural activity as defined in this article.
B.
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
C.
Repairs and routine property maintenance activities.
D.
Repairs and routine maintenance to any stormwater
management practice required by the Stormwater Management Officer.
E.
Land development activities for which a building permit
has been approved on or before the effective date of this article.
F.
Cemetery graves.
G.
Installation of a fence, sign, telephone and electric
poles and other kinds of posts or poles.
H.
Emergency activity immediately necessary to protect
life, property or natural resources.
I.
Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use
by that person and his or her family.
J.
Landscaping and horticultural activities that disturb
less than 10% of the area of a lot or less than 1,000 square feet
on a slope of 25% or greater in connection with an existing noncommercial
structure.
Whenever used in this article, the following
terms shall have the meanings as set forth in this section:
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.
An individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof, filing an application for a land development activity or
other activity subject to the provisions of this article.
The term "building" as defined in § 220-2 of the Village Code now or as hereafter amended.
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 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 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.
Any construction activity including clearing, grubbing, grading,
excavating, soil disturbance or placement of fill that results in
land disturbance of equal to or greater than one acre.
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 that constitutes 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.
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
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 or activity that requires a building
or excavation permit.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Coldwater 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 protect exposed soil from eroding.
An order issued which requires that all land development
activity and/or other construction activity on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
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 Village Engineer and his or her designees, the Code Enforcement
Officer and such other Village officers or employees as designated
by the Village Manager.
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.
The Village of Briarcliff Manor, New York.
The person employed or hired as a Village Engineer of the
Village of Briarcliff Manor, or his or her designee.
A 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 term "wetland" shall mean "freshwater wetland" as defined
in § 131-4 of the Village Code, now or as hereafter amended.
A.
No application for approval of a land development
activity shall be reviewed until the appropriate approving authority
has received a stormwater pollution prevention plan (SWPPP) prepared
in accordance with the specifications in this article.
B.
All SWPPPs shall provide the following background
information, erosion and sediment controls and stormwater management
measures relating to stormwater quantity:
(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
be at a scale no smaller than one inch equals 50 feet and 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);
(3)
Description of the soil(s) present at the site and
soil test results, if requested;
(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. The
Village may opt to reduce the amount of land that may be exposed at
any one time;
(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;
(16)
Any existing data that describes the stormwater runoff
at the site;
(17)
An acknowledgement by the landowner granting to the
Village of Briarcliff Manor and other agencies having jurisdiction
the right to enter the property at reasonable times and in a reasonable
manner for the purpose of inspection;
(18)
Description of each postconstruction stormwater management
practice including, but not limited to, dimensions, material, specifications
and installation details for each postconstruction stormwater management
practice;
(19)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice;
(20)
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms, as per the manual specified in § 184-8A(1) herein;
(21)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions;
(22)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice;
(23)
Maintenance easement(s), where required to ensure
access to all stormwater management practices at the site for the
purpose of inspection and repair. Easements shall be recorded and
shall remain in effect with transfer of title to the property;
C.
The SWPPP shall be prepared by a landscape architect,
certified professional in erosion and sedimentation control, professional
engineer or other professional(s) deemed qualified by the Department
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 article.
D.
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.
Each contractor and subcontractor identified in the
SWPPP, and/or successor or substituted contractor or subcontractor,
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." Copies of
these statements shall be delivered to the SMO.
(1)
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.
(2)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
(3)
The certification shall contain proof that each contractor
who will be involved in a land development activity has obtained training
and/or certification in proper erosion and sedimentation control practices.
Such certification shall become part of the SWPPP for the land development
activity and shall be retained on site.
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.
A.
All activities which require a building permit or any permit required under Chapter 115, Excavations, but which do not meet the defined size threshold in § 184-5, Definitions, for a land development activity, are subject to the review and approval of the Stormwater Management Officer. In reviewing and approving such activities, the Stormwater Management Officer may require such reasonable stormwater management and erosion control mitigation measures as necessary to protect the public health, safety and welfare.
B.
An application for approval of such activities as specified in Subsection A above, shall include, except as may be waived by the SMO, the following background information, erosion and sediment controls, and stormwater management practices. Such activity is subject to the performance and design criteria in § 184-8A herein, and the application shall show that there will be no net increase in the rate of runoff resulting from the project for the ten-year storm event.
(1)
Background information about the scope of the project,
including location, type and size of the project.
(2)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map shall
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 shall be at a scale no smaller than one inch equals 50 inches.
(3)
Description of the soil(s) present at the site and
soil test results, if requested.
(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.
(5)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for the project, from initial land clearing and grubbing to
project closeout.
(6)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice.
(7)
Dimensions, material specifications and installation
details for all erosion and sediment control practices.
(8)
Implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and duration that each practice will remain in place until the site
is stabilized.
(9)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice.
(10)
Name(s) of the receiving water(s) and NYSDEC classification(s),
if applicable.
(11)
Any existing data that describes the stormwater runoff
at the site.
(12)
An acknowledgment by the landowner granting the Village
and other agencies having jurisdiction the right to enter the property
at reasonable times and in a reasonable manner for the purpose of
inspection.
(13)
Description of each postconstruction stormwater management
practice including, but not limited to, dimensions, material specifications,
and installation details for each postconstruction stormwater management
practice.
(14)
Site map/construction drawing(s) showing the specific
locations(s) and size(s) of each postconstruction stormwater management
practice.
(15)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storm.
(16)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
All land development activities shall be subject
to the following performance and design criteria:
A.
For the purpose of this article, 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 article. Copies of
the two manuals are on file in the Office of the Stormwater Management
Officer.
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most recent
version including applicable updates, 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, 2005, most recent version including applicable updates, hereafter
referred to as the Erosion “Control Manual”).
B.
Where stormwater management practices are not in accordance with technical standards, the owner, applicant or developer must demonstrate equivalence to the technical standards as set forth in § 184-8 and the SWPPP shall be prepared by a professional engineer or certified professional in erosion and sediment control or in stormwater quality or other professional deemed qualified by the Department.
C.
Any land development 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.
A.
The owner, 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 owner, applicant or developer 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%, and placed in an acceptable location
and properly stabilized.
B.
The owner, applicant or developer or his or her 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. Inspections shall be conducted
and inspection reports shall be completed by a landscape architect,
certified professional in erosion and sediment control, professional
engineer or other professional(s) deemed qualified by the Department
every seven days and within 24 hours of any storm event producing
0.5 inch of precipitation or more. The reports shall be maintained
in a site logbook and transmitted to the SMO within two business days
of the date of the inspection.
C.
Prior to the issuance of any approval that has a permanent
stormwater management facility as one of the requirements, other than
one serving an individual single-family residence, the owner, applicant
or developer must execute an easement that shall be binding on all
subsequent landowners served by the permanent stormwater management
facility. The easement shall be in a form acceptable to Village Counsel
and shall provide for access to the facility at reasonable times for
periodic inspection by the Village of Briarcliff Manor to ensure that
the facility is maintained in proper working condition to meet design
standards and any other provisions established by this article. The
easement shall be recorded by the grantor in the Office of the County
Clerk after approval by Village Counsel. Proof of such recordings
shall be filed with Village Counsel and the Stormwater Management
Officer.
D.
The owner or operator of permanent stormwater management
practices installed in accordance with this article shall operate
and maintain the stormwater management practices to achieve the goals
of this article. Proper operation and maintenance also includes, as
a minimum, the following:
(1)
A preventive/corrective maintenance program for all
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 article.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 184-8C.
(4)
If required by the SMO, an annual maintenance report
shall be submitted to the Stormwater Management Officer within 30
calendar days of the end of the calendar year.
E.
Prior to the issuance of any final plan approval,
the owner, applicant or developer must execute a formal maintenance
agreement for permanent stormwater management facilities, other than
those serving an individual single-family residence, binding on all
subsequent landowners. The maintenance agreement shall be in a form
acceptable to Village Counsel and shall be recorded in the office
of the County Clerk as a deed restriction on the property. The Village
of Briarcliff Manor, in lieu of a maintenance agreement, at its sole
discretion, may accept dedication of any existing or future permanent
stormwater management facility, provided such facility meets all the
requirements of this article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
A.
The Stormwater Management Officer may require such
inspections as necessary to determine compliance with this article
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 article and the stormwater pollution prevention plan (SWPPP)
as approved.
(1)
To obtain inspections, the applicant shall notify
Village enforcement officials 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)
Installation of constructed stormwater improvements.
(e)
Completion of rough grading.
(f)
Completion of final grading.
(g)
Close of the construction season.
(h)
Completion of final landscaping.
(i)
Successful establishment of landscaping in public
areas.
(2)
If any violations are found, the owner, applicant
and/or 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.
It shall be the primary responsibility of the property
owner(s) and the successor property owner(s) to perform all necessary
inspections, maintenance, reporting, adjustments, repair, replacement
and reconstruction of the stormwater management facilities. Required
inspections shall be conducted and reports prepared by a certified
professional in erosion and sediment control, a professional engineer
or other professional(s) deemed acceptable by NYSDEC. If, at any time,
the Stormwater Management Officer determines that necessary inspections,
reports, maintenance, repairs, adjustments, replacement or reconstruction
have not been properly performed, notice of such determination shall
be given to the property owner(s) of the property or properties upon
which the stormwater facility or facilities are situated and shall
provide a reasonable period under the circumstances to cure such improper
performance. If the property owner(s) fails to timely correct any
and all deficiencies as provided in the notice, the Village may undertake
to perform any such work or work that it finds, in its sole judgment,
is necessary to preserve the stormwater management functions or stormwater
management practices (SMPs), at the cost and expense of the property
owner(s) and the successor property owner(s). Copies of all bills,
statements and invoices substantiating such costs, including costs
of consultants, shall be included with written notice of same. In
the event that all such costs and expenses are not paid within 30
days of issuance of statements for this work, the total cost of such
work shall constitute a lien against the property or properties upon
which the stormwater management facilities are situated, which shall
be levied and collected in the same manner as Village real estate
taxes or in such manner otherwise provided by law. The property owner(s)
and the successor lot property owner(s) shall be personally liable
for the payment of all such costs, including costs of collection and
reasonable attorney's fees. Where multiple lots are involved, each
lot shall individually and separately bear its equal share of such
costs.
C.
Except for activities regulated under § 184-7, 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 New York State licensed land surveyor or professional engineer.
D.
Inspection programs may 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 SPEDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are
not limited to, reviewing maintenance 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.
E.
The Stormwater Management Officer may require monitoring
and reporting from entities subject to this article as are necessary
to determine compliance with this article.
F.
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 and other agencies having jurisdiction the right to
enter the property at reasonable times and in a reasonable manner
for the purpose of inspection.
A.
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 Village may require the owner, 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 Village based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Village, 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 Village. Per annum interest on cash
escrow deposits shall be reinvested in the account until the surety
is released from liability.
B.
Where stormwater management and erosion and sediment
control facilities are to be operated and maintained by the developer
or by a corporation that owns or manages a commercial or industrial
facility, the developer, prior to construction, may be required to
provide the Village of Briarcliff Manor 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 based
upon the advice of the SMO. 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.
C.
Entities subject to this article shall maintain records
demonstrating compliance with this article.
A.
When the SMO determines that a land development activity
is not being carried out in accordance with any requirement of this
article, or that any provision of this article is not being complied
with, the SMO may issue a written notice of violation to the property
owner(s), applicant, contractor, and/or developer. The notice of violation
shall contain:
(1)
The name and address of the property owner(s), contractor,
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
cure the violation 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;
B.
If the notice of violation is not complied with within
the time provided in the notice, the SMO may request Village Counsel
to institute the appropriate proceedings at law or in equity to prosecute,
restrain, correct or abate such violation and for other attendant
remedial measures.
C.
The SMO may issue a stop-work order for violations
of this article. Persons receiving a stop-work order shall be required
to halt all land development activities and other construction activities
on the site, except those activities approved by the SMO that address
the violations leading to the stop-work order. The stop-work order
shall be in effect until the SMO confirms that 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 article.
E.
Any violation of this article may be restrained by
injunction or otherwise abated in a manner provided by law.
F.
Any person who violates the provisions of this article
shall be guilty of an offense punishable by a fine not exceeding $500
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 $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, punishable by a fine not less than $1,000
nor more than $2,500 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 article
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.
G.
In addition to any penalty provided herein or by law,
any person in violation of this article may be required to restore
land to its undisturbed condition and/or mitigate on-site and off-site
damage from stormwater runoff, sediment or pollution resulting from
the violator's activity. In the event that restoration is not undertaken
within a reasonable time after notice, the SMO may take necessary
corrective action, the cost of which shall become a lien upon the
property until paid.
H.
Under exigent circumstances, if any building or land
development activity or permanent stormwater management facility is
installed, conducted, or operated in violation of this article, the
Stormwater Management Officer may prevent the occupancy of said building
or land, including the withholding of a certificate of occupancy.
It shall be the obligation of the landowner to remediate the violation
at which time the Stormwater Management Officer shall further consider
allowing occupancy of the building or land.
An application fee and inspection fee established by Resolution of the Village Board of Trustees and set forth in the Master Fee Schedule, which may be amended, shall be submitted with the application. In addition, in accordance with the provisions of Chapter 122 of the Village Code, any person undertaking land development activities regulated by this article shall reimburse the Village for the cost of professional services incurred by the Village for the review of SWPPPs and for the performance of inspections and/or maintenance activities as provided in this article. The Village may establish escrow accounts for these purposes as provided in Chapter 122 of the Village Code.
A.
The purpose of this article is to provide for the
health, safety, and general welfare of the citizens of the Village
of Briarcliff Manor through the regulation of nonstormwater discharges
to the municipal separate storm sewer system (MS4) to the maximum
extent practicable as required by federal and state law. This article
establishes methods for controlling the introduction of pollutants
or excess flow into the MS4 in order to comply with requirements of
the SPDES General Permit for Municipal Separate Storm Sewer Systems.
B.
The objectives of this article are:
(1)
To meet the requirements of the SPDES General Permit
for Stormwater Discharges From MS4s, Permit No. GP-02-02, or as amended
or revised;
(2)
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
(3)
To prohibit illegal discharges and illicit connections
to the MS4;
(4)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article; and
(5)
To promote public awareness of the hazards involved
in the improper discharge of trash, yard waste, lawn chemicals, pet
waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment and other pollutants into
the MS4.
Whenever used in this article, the following
terms will have meanings set forth below:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
United States Environmental Protection Agency.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 184-18A of this article.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater
discharge including, but not limited to, treated or untreated sewage,
process wastewater, and wash water to enter the MS4 and any connections
to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial
or industrial land use to the MS4 which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Municipal separate storm sewer system.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual or individuals, firm, partnership, association,
corporation, company, organization, or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water; which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
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 construction activity.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where the Village has been notified by DEC that the discharge of stormwater authorized under their MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the Village must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSTERS — The condition in the Village's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
TOTAL MAXIMUM DAILY LOAD (TMDL) STRATEGYThe condition in the Village's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the Village was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
THE CONDITION IN THE VILLAGE'S MS4 PERMIT THAT APPLIES IF A TMDL IS APPROVED IN THE FUTURE BY EPA FOR ANY WATER BODY OR WATERSHED INTO WHICH AN MS4 DISCHARGESUnder this condition, the Village must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the Village must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
A permit issued by the DEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Village Engineer and his or her designees, and/or such
other Village Officers or employees as designated by the Village Manager.
The Westchester County Department of Health presently is and shall
continue to be the enforcement authority for the design, repair, replacement,
and operation of individual sewage treatment systems within the MS4.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the DEC
as required by Section 303(d) of the Clean Water Act. 303(d) listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water allocated
among the sources of that pollutant.
Village of Briarcliff Manor, New York.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The Stormwater Management Officer(s) [SMO(s)]
shall administer, implement, and enforce the provisions of this article.
Such powers granted or duties imposed upon the SMO(s) may be delegated
by the SMO(s) as may be authorized by the Village Manager.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 184-18A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article, unless the NYSDEC or the
Village Board of Trustees, by resolution and upon recommendation of
the SMO, has determined them to be substantial contributors of pollutants:
water line flushing or other potable water sources, landscape irrigation
or lawn watering, existing diverted stream flows, rising groundwater,
uncontaminated groundwater infiltration to storm drains, uncontaminated
pumped groundwater, foundation or footing drains, crawl space or basement
sump pumps, air-conditioning condensate, irrigation water, springs,
water from individual residential car washing, natural riparian habitat
or wetland flows, dechlorinated swimming pool discharges, residential
street wash water, water from fire-fighting activities, and any other
water source not containing pollutants.
(2)
Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that such
approval shall not be construed to constitute compliance with other
applicable laws and requirements, and further provided that such discharges
may be permitted for a specified time period and under such conditions
as the SMO may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this article.
(3)
Dye testing in compliance with applicable state and
local laws is an allowable discharge, but requires a verbal notification
to the SMO at least 24 hours prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the DEC, provided
that the discharger is in full compliance with all requirements of
the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
article if the person connects a line conveying sewage or any other
wastewater discharge to the Village's MS4 or allows such a connection
to continue.
A.
Activities that are subject to the requirements of
this section include:
B.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the Village's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the Village's MS4 SPDES permit authorization.
A.
Where the SMO has identified illegal discharges as defined in § 184-15 or activities contaminating stormwater as defined in § 184-19, the Village may require implementation of best management practices (BMPs) to control those illegal discharges and activities.
(1)
The owner or operator of a commercial or industrial
establishment shall provide, at his or her own expense, reasonable
protection from accidental discharge of prohibited materials or other
wastes into the MS4 through the use of structural and nonstructural
BMPs.
(2)
Any person responsible for a property or premises, which is, or may be, the source of an illegal discharge as defined in § 184-15 or an activity contaminating stormwater as defined in § 184-19, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3)
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
B.
Every person owning property through which a watercourse
passes, or such person's lessee, shall keep and maintain that part
of the watercourse within the property free of trash, debris, excessive
vegetation and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function or physical integrity
of the watercourse.
A.
The SMO may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, to the health or welfare of
persons, or to the MS4. The SMO shall notify the person of such suspension
within a reasonable time thereafter in writing of the reasons for
the suspension. If the violator fails to comply with a suspension
order issued in an emergency, the SMO may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or to minimize
danger to persons.
B.
Suspension due to the detection of illegal discharge.
Any person discharging to the Village's MS4 in violation of this article
may have his or her MS4 access terminated if such termination would
abate or reduce an illegal discharge. The SMO will notify a violator
in writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the SMO for a reconsideration.
Access may be granted by the SMO, with or without conditions, if he/she
finds that the illegal discharge has ceased and the discharger has
taken steps to prevent its recurrence. Access may be denied if the
SMO determines in writing that the illegal discharge has not ceased
or is likely to recur. A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the SMO.
Any person subject to an industrial or construction
activity SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Village prior to the allowing of discharges
to the MS4. All reports submitted to the NYSDEC as required by the
SPDES permit shall also be contemporaneously transmitted to the SMO.
A.
Applicability. This section applies to all facilities
that the SMO must inspect to enforce any provision of this article,
or whenever the authorized enforcement agency has cause to believe
that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this article.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. If a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the SMO.
(2)
Facility operators shall allow the SMO ready access
to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records as may be required to implement
this article.
(3)
The Village shall have the right to set up on any
facility subject to this article such devices as are necessary in
the opinion of the SMO to conduct monitoring and/or sampling of the
facility's stormwater discharge or conduct other testing as deemed
necessary by the SMO.
(4)
The Village has the right to require the facilities
subject to this article to install monitoring equipment as is reasonably
necessary to determine compliance with this article. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)
Unreasonable delays in allowing the Village access
to a facility subject to this article is a violation of this article.
A person who is the operator of a facility subject to this article
commits an offense if the person denies the Village reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this article.
(6)
If the SMO has been refused access to any part of
the premises from which stormwater is discharged, and he/she is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program designed to verify
compliance with this chapter or any order issued hereunder, then the
SMO may seek issuance of a search warrant from any court of competent
jurisdiction.
Notwithstanding other requirements of this article,
as soon as any person responsible for a facility or operation, or
responsible for emergency response for a facility or operation has
information of any known or suspected release of materials which are
resulting or may result in illegal discharges or pollutants discharging
into the MS4, said person shall take all necessary steps to ensure
the discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of nonhazardous materials,
said person shall notify the Village in person or by telephone or
facsimile no later than the next business day. Notifications in person
or by telephone shall be confirmed by written notice addressed and
mailed to the Village within three business days of the telephone
notice. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years. Appropriate state and federal agencies shall
also be notified as per applicable regulations.
A.
Notice of violation. When the SMO finds that a person
has violated a prohibition or failed to meet a requirement of this
article, the SMO may order compliance by written notice of violation
to the responsible person. Such notice may require, without limitation:
(1)
The elimination of illicit connections or illegal
discharges;
(2)
That violating discharges, practices, or operations
shall cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
The implementation of source control or treatment
BMPs.
B.
If abatement of a violation and/or restoration of
affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by the Village or a contractor designated by the Village and the expense
thereof shall be charged to the violator.
C.
If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation, then the SMO
shall request the owner's permission for access to the subject private
property to take any and all measures reasonably necessary to abate
the violation and/or restore the property.
D.
If refused access to the subject private property,
the SMO may seek a warrant in a court of competent jurisdiction to
be authorized to enter upon the property to determine whether a violation
has occurred and remains unabated. Upon determination that a violation
has occurred and remains unabated, the SMO may seek a court order
to take any and all measures reasonably necessary to abate the violation
and/or restore the property. The cost of implementing and maintaining
such measures shall be the sole responsibility of the discharger.
E.
Within 30 days after abatement of the violation by
or under authorization of the SMO, the owner of the property will
be notified of the cost of abatement, including administrative costs.
The property owner may file a written protest with the Village Board
of Trustees objecting to the amount of the assessment within 10 days
of receipt of said notice. If the amount due is not paid within 30
days after the disposition of any protests or the expiration of the
time to file an appeal, whichever is earlier, the charges shall become
a lien on the property for the amount of the assessment to be collected
in the same manner as real estate taxes.
F.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this article shall be guilty of an offense punishable
by a fine not exceeding $500 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 $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, punishable by a fine
not less than $1,000 nor more than $2,500 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 article 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.
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 SMO may request Village Counsel to 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 violator's 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 or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
If the provisions of this chapter or of any
article, section, subsection, paragraph, subdivision or clause of
this chapter shall be judged invalid by a court of competent jurisdiction,
such order or judgment shall not affect or invalidate the remainder
of any article, section, subsection, paragraph, subdivision or clause
of this chapter.
