[Added 12-26-2007 by L.L. No. 2-2007[1]]
[1]
Editor's Note: This local law also superseded former Art.
III, Penalties, added 7-25-2006 by L.L. No. 1-2006 (Res. No. 141-2006).
A.Â
Erosion and sediment control inspection.
(1)Â
The Town of Southport's 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
Town of Southport's enforcement official at least 48 hours before
any of the following, as required by the Stormwater Management Officer:
(a)Â
Start of construction.
(b)Â
Installation of sediment and erosion control measures.
(c)Â
Completion of site clearing.
(d)Â
Completion of rough grading.
(e)Â
Completion of final grading.
(f)Â
Close of the construction season.
(g)Â
Completion of final landscaping.
(h)Â
Successful establishment of landscaping in public areas.
(2)Â
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.Â
Inspection of stormwater management practices. The Town of Southport's
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.Â
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; inspections
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.Â
Submission of reports. The Town of Southport's Stormwater Management
Officer may require monitoring and reporting from entities subject
to this chapter as are necessary to determine compliance with this
chapter.
E.Â
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 Southport 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.Â
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 Southport
in its approval of the stormwater pollution prevention plan, the Town
of Southport 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 Southport as the beneficiary. The security shall be in an amount
to be determined by the Town of Southport 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 Southport, provided that
such period shall not be less than one year from the date of final
acceptance or such other certification that the facilities 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 Southport. Per-annum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
B.Â
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 Southport 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 of Southport
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.Â
Recordkeeping. The Town of Southport may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.Â
Notice of violation. When the Town of Southport 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)Â
The name and address of the landowner, developer or applicant;
(2)Â
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
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)Â
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.Â
Stop-work orders. The Town of Southport 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 Southport
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.Â
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.Â
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 of not less than
$50 but not exceeding $350 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 of not less than $350
nor more than $700 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 of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate additional violation.
E.Â
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.Â
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 Southport
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The Town of Southport shall 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 of Southport or performed by a third
party for the Town of Southport. The fee for review of the SWPPP by
the Town of Southport shall be $50 for the first acre and $25 for
each additional acre thereafter. Fees for review of the SWPPP by a
third party shall be passed on directly to the applicant.