A. 
The 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) that are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
B. 
The applicant or developer or their 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. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Town of Southeast Building Department and also copied to the site log book.
Prior to the issuance of any approval that has a stormwater management facility, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall be in a form acceptable to the Town Attorney and shall provide for access to the facility at reasonable times for periodic inspection by the Town of Southeast to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Town Attorney for the Town of Southeast.
The applicant shall submit a plan for ownership, construction, operation and maintenance of stormwater facilities. This plan shall provide for the inspection, operation and maintenance of each and every component of such facilities and shall specify the methods and procedures to be used to provide and ensure the funds required for such inspection, operation and maintenance and who will be responsible therefor. A four-year performance guaranty shall be provided for the entire stormwater management system by the developer to cover any modifications, corrections, or material failures. In addition, the developer shall fund or otherwise guarantee an inspection and maintenance program for a period of no less than 10 years. The Town may require the creation of a stormwater drainage special district to collect revenue and to fund inspection, operation and maintenance of such facilities under the coordination of the Town Engineer and/or Highway Superintendent.
A. 
The Town of Southeast may require inspections as necessary to determine compliance with this chapter at various stages in construction to examine erosion and sediment controls and SMPs. Inspections may be conducted by the Building Department, the Highway Superintendent, or the Town Engineer. The person conducting inspections 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 erosion and sediment control plan and/or stormwater pollution prevention plan (SWPPP) as approved.
(1) 
To obtain inspections, the applicant shall notify the relevant Town of Southeast enforcement official at least 48 hours before any of the following, as required by the Building Department or the Town Engineer:
(a) 
Start of construction.
(b) 
Installation of sediment and erosion control measures.
(c) 
Completion of site clearing.
(d) 
Completion of rough grading.
(e) 
Installation of SMPs.
(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 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 Building Department or the Town Engineer.
B. 
The Building Department is responsible for conducting inspections of stormwater management practices (SMPs) or delegating such inspections to the Town Engineer. 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 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. 
The Building Department or the Town Engineer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
E. 
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 Southeast the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
F. 
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 Southeast in its approval of the erosion and sediment control plan and/or stormwater pollution prevention plan, the Town of Southeast 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 that guarantees satisfactory completion of the project and names the Town of Southeast as the beneficiary. The security shall be in an amount to be determined by the Town of Southeast based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guaranty shall remain in force until the surety is released from liability by the Town of Southeast, 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 Southeast. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
G. 
The Town of Southeast may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
A. 
When the Town of Southeast determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it 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 the notice of violation.
B. 
The Town of Southeast 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 Southeast 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. 
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. 
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. 
If any building or land development activity is installed or conducted in violation of this chapter, the Town of Southeast may prevent the occupancy of said building or land.
F. 
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 Southeast may take necessary corrective action, the cost of which shall become a lien upon the property until paid.