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.
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.