A.
Compliance inspections.
(1)
The SMO may require such inspections as necessary
to determine compliance with these regulations and may either approve
that portion of the work completed or notify the applicant wherein
the work fails to comply with the requirements of these regulations
and the stormwater pollution prevention plan (SWPPP) as approved.
The applicant shall notify the SMO when any of the following occurs:
(a)
Commencement of construction.
(b)
Commencement of installation of sediment and
erosion control measures.
(c)
Commencement of site clearing.
(d)
Commencement of rough grading.
(e)
Close of the construction season.
(f)
Completion of final landscaping.
(g)
Successful establishment of landscaping in public
areas.
(2)
Additionally, the City of Ithaca may conduct random
inspections during any phase of construction.
(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 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.
Stormwater management practice inspection. The City
of Ithaca Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants
are required to submit "as built" plans for any stormwater management
practices located on-site after final construction is completed. The
plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on a 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 discharge of contaminants or pollutants or
with discharges of a type which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality
standards or the SPDES stormwater permit. The City of Ithaca may join
inspections with other agencies inspecting under environmental or
safety laws. Inspections may include, but are not limited to: reviewing
maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other
stormwater management practices.
D.
Designation of inspectors. Inspections may be performed
by City of Ithaca staff, or the Stormwater Management Officer may
designate a licensed professional as inspector.
E.
Submission of reports. The City of Ithaca Stormwater
Management Officer may require such monitoring and reporting from
entities subject to these regulations as are necessary to determine
compliance with these regulations.
F.
Right of entry for inspections. 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 sewer system, the landowner shall grant the City of Ithaca right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C herein.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the City of
Ithaca in its approval of the stormwater pollution prevention plan,
the City of Ithaca may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow, or irrevocable
letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names
the City of Ithaca as the beneficiary. The security shall be in an
amount to be determined by the City of Ithaca 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 City of Ithaca, 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) has (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 City of Ithaca. Per-annum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
B.
Maintenance guarantee. 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 City may require the developer,
prior to construction, to provide the City with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction, and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the City of Ithaca may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The City of Ithaca may require entities
subject to these regulations to maintain or submit records demonstrating
compliance.
A.
Notice of violation. When the City of Ithaca determines
that a land development activity is not being carried out in accordance
with the requirements of these regulations, it shall issue a written
notice of violation to the landowner. The notice of violation shall
contain:
(1)
The name and address of the landowner, developer or
applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to
bring the land development activity into compliance with this chapter
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.
Stop-work /stabilization orders. In the event of a
violation of these regulations, the City of Ithaca may issue an order
to stop-work and/or to stabilize any disturbance, pending correction
of the violation or a judicial determination. Persons receiving a
stop-work order shall be required to halt all land development activities,
except those activities that address the violation(s) leading to the
stop-work/stabilization order. The stop-work/stabilization order shall
be in effect until the City of Ithaca confirms that the land development
activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work/stabilization order in a
timely manner may result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this chapter.
C.
Violations. Any land development activity that is
commenced or is conducted contrary to these regulations may be restrained
by injunction or otherwise abated in a manner provided by law.
D.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of these regulations shall be punishable by a fine not
exceeding $250 or imprisonment for a period not to exceed 15 days,
or both, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of five years,
punishable by a fine not less than $350 nor more than $500 or imprisonment
for a period not to exceed 15 days, 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 $500 nor
more than $750 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 chapter
shall be deemed misdemeanors, and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. For
the purpose of determining the appropriate fine, each day on which
the violation continues to exist shall be considered a separate offense.
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or constructed in violation
of these regulations, said building or land may be denied a certificate
of occupancy.
F.
Restoration of lands. Any violator who continues to
fail to comply with these regulations after having been adjudged in
violation thereof by a court, and, after having been given a reasonable
opportunity to comply, may be required to restore land to its undisturbed
condition upon direction of the SMO. In the event that restoration
is not undertaken within a reasonable time after notice, the City
of Ithaca may take necessary corrective action, and the cost thereof
shall be assessed against the property, added to its tax, and become
a lien thereon, collectible in the same manner as delinquent City
taxes.
The City of Ithaca may require any person undertaking
activities regulated herein to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or stormwater management
practice maintenance performed by the City or performed by a third
party for the City, including but not limited to engineers' or attorneys'
services and fees.
A nonrefundable application fee shall be submitted
with each SWPPP in an amount as the Common Council may, from time
to time, establish by resolution.
The SMO may grant an exception during the review process to any requirement of this Part 1 using the following criteria:
The City of Ithaca shall not be liable or responsible
for any injury to persons or damage to property due to the City's
actions, or failure to act, under or pursuant to these regulations,
unless it is proven to a reasonable degree of certainty that such
injury or damage was solely caused by a willful or intentional act
of the City. All owners and entities working upon or engaged in any
clearing, grading, excavation, construction, cleanup, remediation,
or restoration work pursuant to a SWPPP shall indemnify, keep and
save harmless the City from and against any and all losses, costs,
damages, expenses, judgments, claims, or liabilities of any kind whatsoever
which may accrue against or be charged to or recovered from the City
from or by reason of or on account of accidents, injuries, damages,
and/or losses to persons or property. This indemnity provision shall
be construed and applied to the maximum extent permitted by law. The
City may require that any such person or entity procure liability
insurance in a minimum amount of $1,000,000 per incident per person,
and that the City be named an additional insured thereunder.
