A.
Erosion and sediment control inspection.
(1)
The 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. To obtain inspections, the applicant
shall notify the Stormwater Management Officer at least 48 hours before commencing
any of the following activities:
(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;
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer
shall receive written notice 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 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 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 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 Stormwater Management Officer the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
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 in its approval of
the stormwater pollution prevention plan, the Town 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
as the beneficiary. The security shall be in an amount to be determined by
the Town 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, 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 Town. 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 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 Town may draw
upon the account to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
C.
Recordkeeping. The Town may require entities subject
to this chapter to maintain records demonstrating compliance with this chapter.
A.
Notice of violation. When the Town 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;
(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.
B.
Stop-work orders. The Town 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 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 may take necessary
corrective action, the cost of which shall become a lien upon the property
until paid.
The Town may require any person undertaking land development activities
regulated by this chapter to pay reasonable costs at prevailing rates for
review of SWPPPs, inspections, or SMP maintenance performed by the Town or
performed by a third party for the Town.
If the provisions of any article, section, subsection, paragraph, subdivision
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate the remainder
of any article, section, subsection, paragraph, subdivision or clause of this
chapter.