A.
Erosion and sediment control inspection. The Town
of Cazenovia Stormwater Management Officer may require such inspections
as necessary to determine compliance with this chapter 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 chapter
and the stormwater pollution prevention plan (SWPPP) as approved.
(1)
To obtain inspections, the applicant shall notify
the Town of Cazenovia enforcement official 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)
Completion of rough grading;
(e)
Completion of final grading;
(f)
Close of the construction season;
(g)
Completion of final landscaping; and
(h)
Successful establishment of landscaping in public
areas.
(2)
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 inspections. The Town
of Cazenovia Stormwater Management Officer or his/her designee 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 registered
professional engineer, landscape architect, or certified erosion control
specialist.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall 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 SPDES
stormwater permit; and joint 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.
Submission of reports. The Town of Cazenovia Stormwater
Management Officer may require monitoring and reporting from entities
subject to this chapter as are necessary to determine compliance with
this chapter.
E.
Right-of-entry for inspection. 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 Town of Cazenovia the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this § 140-15.
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 Town of
Cazenovia in its approval of the stormwater pollution prevention plan,
the Town of Cazenovia 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 Town of Cazenovia as the beneficiary. The security shall be in
an amount to be determined by the Town Board of the Town of Cazenovia
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
Town of Cazenovia, 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 Town of Cazenovia. 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 developer, prior to construction,
may be required to provide the Town of Cazenovia with security, from
an approved financial institution or surety, in an amount and form
acceptable to the reviewing board, 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 Town of Cazenovia may draw upon the account to cover
the costs of proper operation and maintenance, including engineering
and inspection costs. Alternatively, if the developer of landowner
fails to properly operate and maintain the stormwater management and
erosion and sediment control facilities, the Town of Cazenovia, or
its designated agent(s) may undertake the operation and maintenance
of said facilities and the cost of said operation and maintenance
shall become a lien against the property and be placed on the property
owner's tax bill.
C.
Recordkeeping. The Town of Cazenovia may require entities
subject to this chapter to maintain records demonstrating compliance
with this chapter.
A.
Notice of violation. When the Town of Cazenovia Stormwater
Management Officer determines that a land development activity is
not being carried out in accordance with the requirements of this
chapter, the Stormwater Management Officer may 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; and
(6)
A statement that the determination of violation may
be appealed to the municipality by filing a written notice of appeal
within 15 days of service of notice of violation.
(7)
Failure to include any one or combination of the above
shall not invalidate said notice.
B.
Stop-work orders. The Town of Cazenovia may issue
a stop-work order for violations 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 Cazenovia 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.
C.
Violations. 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.
D.
Penalties. 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 not exceeding $350 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 $350 nor more than
$700 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 $700 nor more than $1,000 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. Each week's continued violation shall constitute
a separate additional violation.
E.
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.
F.
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 Cazenovia may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
An application for site plan review shall be
accompanied by the fee as set, from time to time, by Town Board resolution.
A permit fee used to offset the cost of inspection shall also be set
by the Town Board, by resolution.
The Town of Cazenovia shall require any person
undertaking land development activities regulated by this chapter
to pay costs for review of SWPPPs, inspections, or SMP maintenance
performed by the Town of Cazenovia or performed by contracted representatives
for the Town of Cazenovia. Such expenses shall be charged to the applicant
and in accordance with Local Law No. 3 of 2006.[1] By submitting an application, the applicant agrees to
pay such expenses and to furnish a cash deposit for payment thereof.