[HISTORY: Adopted by the Board of Trustees of the Village of Munsey
Park 4-11-2007 by L.L. No. 4-2007. Amendments
noted where applicable.]
A.
Erosion and sediment control inspection.
(1)
The Village of Munsey Park Stormwater Management Officer may require such inspections as necessary to determine compliance with Article XIII of Chapter 200 of the Village Code and the 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 law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Village of Munsey Park 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.
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and the 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 Village
of Munsey Park 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 Village of Munsey Park Stormwater
Management Officer may require monitoring and reporting from entities subject
to this law as are necessary to determine compliance with this law.
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 storm water system, the landowner shall grant to the Village of Munsey Park the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 88-3C.
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 Village of Munsey Park
in its approval of the stormwater pollution prevention plan,[1] the Village of Munsey Park 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 Village of
Munsey Park as the beneficiary. The security shall be in an amount to be determined
by the Village of Munsey Park 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 Village
of Munsey Park, 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 Village of Munsey Park. 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 Village of Munsey Park 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 Village
of Munsey Park may draw upon the account to cover the costs of proper operation
and maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Village of Munsey Park may require
entities subject to this law to maintain records demonstrating compliance
with this law.
A.
Notice of violation. When the Village of Munsey Park determines that a land development activity is not being carried out in accordance with the requirements of Article XIII of Chapter 200 of the Village Code or 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 local law 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 Village of Munsey Park may issue
a stop-work order for violations of this law. 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 Village of Munsey Park 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 local law.
C.
Violations. Any land development activity that is commenced
or is conducted contrary to this local law 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 local law 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
local law 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
local law, 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 Village of Munsey
Park may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The Village of Munsey Park may require any person undertaking land development activities regulated by Article XIII of Chapter 200 of the Village Code or this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of Munsey Park or performed by a third party for the Village of Munsey Park.