A.
After the approval of the application and before the issuance of
any permit, the applicant shall, when so required, file with the Town
Board as surety for the amount of the estimated cost of the project
one of the following performance guaranties:
(1)
A cash bond satisfactory to the Town Board and Town Attorney.
(2)
A performance bond which shall be satisfactory to the Town Board
and Town Attorney as to form, sufficiency, manner of execution, surety
and period of execution.
(3)
An irrevocable letter of credit from a bank, which letter of credit
shall be approved by the Town Board and Town Attorney.
B.
The Stormwater Management Officer in approving an application submitted under § 171-8, or the Town Planning Board, whichever shall retain jurisdiction of the application, may grant a waiver of such surety if it deems the proposed activities to be of minor scope and to be in full compliance with the intent of this chapter.
C.
The party or parties filing the performance surety shall certify
that either upon termination of the permit or the operation, whichever
may come first, the project shall be in conformity with both the approved
specific requirements of the permit and the provisions of this chapter.
In the event of default of such and violation of any other applicable
laws, such performance surety shall be forfeited to the Town. The
Town shall return to the applicant any amount that is not needed to
cover the costs of restoration, administration and any other expenses
incurred by the Town as a result of the applicant's default.
Such performance surety shall continue in full force and effect until
a certificate of compliance shall have been issued by the Stormwater
Management Officer after such consultation with any agencies or individuals
as he/she deems necessary to insure that all provisions of this chapter
and of the permit have been met.
Where one or more of the requirements contained herein are not
requisite in the interest of health, safety or general welfare, or
will provide information extraneous to the issuance of a permit, then
one or more of the requirements may be waived by either the Planning
Board or the Stormwater Management Officer, whichever shall have original
jurisdiction.
When the Stormwater Management Officer determines that a land
development activity is not being carried out in accordance with the
requirements of this chapter, he/she may issue a written notice of
violation to the landowner. The notice of violation shall contain:
A.
The name and address of the landowner, developer or applicant.
B.
The address when available or a description of the building, structure
or land upon which the violation is occurring.
C.
A statement specifying the nature of the violation.
D.
A description of the remedial measures necessary to bring the land
development activity into compliance with this chapter and a time
schedule for the completion of such remedial action.
E.
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed.
F.
A statement that the determination of violation may be appealed to
the Town Board of the Town of Pawling or its designee by filing a
written notice of appeal within 15 days of service of notice of violation.
Seeking an appeal does not stop the violation process or alter the
responsibilities of the owner or contractors under this chapter especially
with regard to remediation of sites damaged by excessive or uncontrolled
erosion and its resulting sedimentation. The Town Board shall hear
the appeal within 30 days after filing of the appeal and, within five
days of making its decision, file its decision in the office of the
Town Clerk and mail a copy of its decision by certified mail to the
discharger.
A.
If there is any damage due to a violation of this chapter, or if
there is any damage to adjacent properties, or if any soil, liquid
or other material is caused to be deposited upon or to roll, flow
or wash upon any public property, private property or right-of-way
in violation of this chapter, the person, firm, partnership, corporation
or other party responsible shall be notified and shall cause the same
to be removed from such property or right-of-way within 36 hours of
written notice. In the event of an incident which presents an immediate
danger to the public health or safety, notice shall be given by the
most expeditious means and the violation shall be immediately remedied
by the party responsible for the incident, or, at its discretion and
when the responsible party fails to adequately remedy the incident
in a reasonable time, the Town shall cause such remedy and the cost
of such remedy by the Town shall be paid to the Town by the party
who failed to so remedy and shall be a debt owed to the Town.
B.
In addition to or as an alternative to any penalty provided herein
or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine as indicated below,
or imprisonment for a period not to exceed six months, or both:
(1)
The fines shall not exceed the following amounts:
|
Fines
| ||||
|---|---|---|---|---|
|
Ultimate Area of Land Disturbance
|
First Offense
|
Second Offense
|
Third and Subsequent Offenses
| |
|
5,000 square feet to 20,000 square feet
|
$200
|
$400
|
$800
| |
|
20,000 square feet to 1 acre
|
$350
|
$700
|
$1,400
| |
|
1 acre and above
|
$700
|
$1,400
|
$2,800
| |
(2)
A second offense is one committed within a period of five years of
the first offense on the same project. A third or subsequent offense
is committed within a period of five years on the same project. For
the purposes of conferring jurisdiction upon courts and judicial officers
generally, violations of this chapter 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.
(3)
Any fine imposed under this chapter shall constitute a lien against
the real property until paid.
(4)
If a project causes the Town of Pawling to be out of compliance with
its stormwater permit, and it is assessed a fine or civil penalty
as a result of that violation, the Town shall be authorized to commence
an action and obtain judgment against the offending property owner
and any persons jointly and severally liable for such violation for
reimbursement and/or indemnification of such fines and attorney fees
incurred with respect to same.
C.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer may prevent the occupancy
of said building or land.
D.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town of Pawling
may take necessary corrective action, the cost of which shall become
a claim against any surety in place for the project, or, if none has
been posted or posted in an inadequate amount, a lien upon the property
until paid.
E.
The Stormwater Management Officer in the administration of his/her
duties contained herein shall have the authority to issue stop-work
orders and appearance tickets for violations of this chapter. The
Code Enforcement Officer shall also have the authority to enforce
the provisions of this chapter. Persons receiving a stop-work order
shall be required to halt all land development activities except those
activities that address the violations leading to the stop-work order.
The stop-work order shall be in effect until the Town of Pawling confirms
that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop-work
order in a timely manner may result in civil, criminal or monetary
penalties in accordance with the enforcement measures authorized in
this chapter.
F.
Any land development activity that is commenced or is conducted contrary
to this chapter may be restrained by injunction or otherwise abated
in a manner provided by law.
Any person aggrieved by an order or decision issued pursuant
to this section may seek review by the Town Board of the Town of Pawling
and then may seek judicial review pursuant to Article 78 of the Civil
Practice Law and Rules in the Supreme Court for the County of Dutchess.
Such appeals shall be filed within 30 days after the date of a determination
on the issuance of a permit or, in the case of a decision by the Planning
Board, the filing of the particular order or decision with the Pawling
Town Clerk.
All development and improvements allowed by right or allowed
by permit shall also conform to all rules and regulations contained
in the Code of the Town of Pawling and all other applicable laws and
regulations.
This chapter shall take effect immediately upon filing with
the Secretary of State of the State of New York.
