Town of Bergen, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Bergen 7-13-1992 by L.L. No. 2-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 256.
Environmental quality review — See Ch. 268.
Flood damage prevention — See Ch. 275.
Freshwater wetlands — See Ch. 282.
Subdivision of land — See Ch. 437.
Zoning — See Ch. 475.

§ 425-1 Short title.

This chapter shall be known as the "Stormwater Management and Erosion Control Law."

§ 425-2 Purpose and objectives.

These regulations are to be applied to any development, development expansion, site plan, or site plan expansion, with the capacity to change the stormwater flow in any property affected by the proposed development. The goal is to at least maintain the status quo or improve the existing stormwater and erosion condition at the time of the application. Proof shall be the responsibility of the developer when required by the Town Planning Board.

§ 425-3 Findings of fact.

The Town Planning Board of the Town of Bergen finds that uncontrolled drainage and runoff associated with land development has a significant impact upon the health, safety and welfare of the community. Specifically:
A. 
Stormwater runoff can carry pollutants into receiving water bodies, degrading water quality;
B. 
The increase in nutrients in stormwater runoff such as phosphorus and nitrogen accelerates eutrophication of receiving waters, adversely affecting flora and fauna;
C. 
Improper design and construction of drainage facilities can increase the velocity of runoff, thereby increasing streambank erosion and sedimentation;
D. 
Construction requiring land clearing and the alteration of natural topography tends to increase erosion;
E. 
Siltation of water bodies resulting from increased erosion decreases their capacity to hold and transport water, interferes with navigation, and harms flora and fauna;
F. 
Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge;
G. 
Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life;
H. 
Improperly managed stormwater runoff can interfere with the maintenance of optimum salinity in estuarine areas, thereby disrupting biological productivity;
I. 
Substantial economic losses result from these adverse impacts on community waters;
J. 
Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices.

§ 425-4 Authority.

In accordance with Article 9 of the Town Law of the State of New York, the Town Board of the Town of Bergen has the authority to enact ordinances or laws for the purpose of promoting the health, safety or general welfare of the Town of Bergen, including the protection of the property of its inhabitants. By the same authority, the Town Board of the Town of Bergen may include in any such ordinance or law provision for the appointment of any municipal officer or employees to effectuate and administer such ordinance or law.

§ 425-5 Jurisdiction.

Upon approval of this chapter by the Town Board, all site preparation and construction activities requiring a permit under this chapter shall be in conformance with the provisions set forth herein.

§ 425-6 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL OPERATIONS
All activities directly related to the growing or raising of crops or livestock for the sale of agricultural produce, including horticultural and fruit operations.
AUTHORIZED OFFICIAL
The person designated by the Town Board to administer and maintain the provisions of this chapter.
BASEFLOW
The portion of stream flow that is not due to storm runoff; is supported by groundwater discharge into a channel.
CONDITIONAL NEGATIVE DECLARATION
A negative declaration may be issued by a lead agency (under SEQR), in which the action as initially proposed may result in one or more significant adverse environmental effects; however, mitigation measures will modify the proposed action so that no significant adverse environmental impacts will result.
DRAINAGE
The gravitational movement of water or other liquids by surface runoff or subsurface flow.
DRYWELL
Similar to infiltration trench but smaller with inflow from pipe; commonly covered with soil and used for drainage areas of less than one acre such as roadside inlets and rooftop runoff.
EIS
An Environmental Impact Statement.
EROSION
The wearing away of the land surface by action of wind, water, gravity or other natural forces.
EROSION SEDIMENT CONTROL FACILITY
Any means used to effect control of erosion and sediment.
EXCAVATION
Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.
EXTENDED DETENTION
A practice designed to store stormwater runoff by collection as a temporary pool of water, usually having less than twenty-four-hour residence time. A practice which is used to control peak discharge rates, and which provides gravity settling of pollutants.
FILLING
Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds or watercourse.
FIRST FLUSH
The delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants. The first flush in these guidelines is defined as 1/2 inch of runoff per acre of land which has been made more impervious from predevelopment (natural) conditions through land clearing, land grading and construction/development activities.
FLOODPLAIN
For a given flood event, that area of land adjoining a continuous watercourse which has been covered temporarily by water.
FOREBAY
An extra storage area or treatment area, such as a sediment pond or created wetland, near an inlet of a stormwater management facility to trap incoming sediments or take up nutrients before they reach a retention or extended detention pond.
GRADING
The alteration of the surface of subsurface conditions of land, lakes, ponds or watercourses by excavation or filling.
HEC-2
U.S. Army Corp of Engineers Computer Program 723-X6L202A intended for calculating water surface profiles for steady or gradually varied flow in natural or man-made channels.
IMPERVIOUS AREA
Impermeable surfaces, such as pavement or rooftops, which prevent the infiltration of water into the soil.
INFILTRATION
A practice designed to promote the recharge of groundwater by containment and concentration of stormwater in porous soils.
INFILTRATION BASIN
An impoundment made by excavation or embarkment construction; commonly serves a drainage area of five to 50 acres; usually closer to 50.
MULCHING
The application of a layer of plant residue or other material for the purpose of effectively controlling erosion.
OUTFALL
The terminus of a storm drain where the contents are released.
PEAK FLOW
The maximum instantaneous flow of water during a storm, usually in reference to a specific design storm event.
PEAK FLOW ATTENUATION
The reduction of the peak discharge of storm runoff by storage and gradual release of that storage.
RETENTION
A practice designed to store stormwater runoff by collection as a permanent pool of water without release except by means of evaporation, infiltration, or attenuated release when runoff volume exceeds the permanent storage capacity of the permanent pool.
RIPARIAN AREA
A relatively narrow strip of land that borders a stream or river.
RIPRAP
A combination of large stone, cobbles and boulders used to line channels, stabilize stream banks, reduce runoff velocities, or filter out sediment.
RISER
A vertical pipe extending from the bottom of a pond that is used to control the discharge rate from the pond for a specified design storm.
SAND ATTENUATING FILTER
A chamber open to the surface containing a surface layer of sand over a high void aggregate base; these are innovative but apparently effective practices for atypical situations such as where a site is unsuitable for stormwater infiltration or retention.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited, or has been removed from its site of origin by erosion.
SEQR
An acronym for the "State Environmental Quality Review Act"; Article 8 of the Environmental Conservation Law.
SHEETFLOW
Runoff which flows over the ground surface as a thin, even layer, not concentrated in a channel.
SITE PREPARATION
The activities of stripping, excavation, filling, and grading, no matter what the purpose of these activities.
SOIL
All unconsolidated mineral or nonliving organic material of whatever origin which overlies bedrock.
SPECIAL FLOOD HAZARD AREA
An area in a community that has been identified as susceptible to a 1% or greater chance of flooding in any given year. A 1% probability flood also is known as the "one-hundred-year flood."
SPDES
An acronym for "State Pollutant Discharge Elimination System." A regulatory/permit program administered under Article 17 of the Environmental Conservation Law by the NYS Department of Environmental Conservation to control point source discharge of water pollution.
STORM FREQUENCY
The average frequency of occurrence of events having a given volume and duration. For example: a two-, ten-, or one-hundred-year storm.
STORM DRAIN
Any open or closed conduit designed to convey stormwater.
STORM DURATION
The length of time which a precipitation event occurs (e.g., 24 hours).
STORM VOLUME
The total amount of precipitation occurring over the storm duration.
STORMWATER MANAGEMENT FACILITY
Any means used to effect stormwater management.
STRIPPING
Any activity which removes or significantly disturbs trees, brush, grass or any other kind of vegetation.
SWALE
A natural depression or wide shallow ditch used to temporarily route or filter runoff.
TOPSOIL
The natural surface layer of soil, usually darker than subsurface layers, to a depth of at least six inches within an undisturbed area of soils.
TR-20
A rainfall model developed by the USDA Soil Conservation Service for hydrologic analyses of a watershed under present conditions of land cover/use and structural or channel modifications using single-event storm rainfall-frequency data. Output consists of peaks and/or flood hydrographs, their time of occurrence and water surface elevations at any desired cross section or structure.
TR-55
This program provides simplified procedures to calculate storm runoff volume, peak rates of discharge, and storage volumes required for stormwater detention basins. These procedures are applicable in small watersheds, especially urbanizing watersheds. The program provides for hydrologic analysis of a watershed under various combinations of land uses using single-event storm rainfall frequency data. The program can accommodate division of the watershed into subareas and will estimate individual subareas as well as total area peak rates of runoff.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drainageway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed, and banks, and any area adjacent thereto subject to inundation by reason of overflow, flood, or stormwater.
WETLANDS
Areas of aquatic or semiaquatic vegetation, or any areas which have been mapped as such by the Town Planning Board, the Town Conservation Council, the County Department of Planning, the County Soil and Water Conservation District, or the New York State Department of Environmental Conservation under the Freshwater Wetlands Act.[1]
[1]
Editor's Note: See Environmental Conservation Law § 24-0501 et seq.

§ 425-7 Applicability.

A. 
No person, corporation, organization, or public agency initiating development which requires a permit may, on or after the effective date of this chapter:
(1) 
Initiate or undertake any land clearing, land grading or earthmoving activities;
(2) 
Initiate or undertake a development project or construction activity;
(3) 
Alter, reroute, deepen, widen, enlarge or obstruct any drainage system; or
(4) 
Seek to have a plat recorded or to have land subdivided without first preparing a stormwater management and erosion control plan and obtaining approval of said plan from the Town Planning Board.
B. 
Exemptions. The following activities are exempt from the stormwater management and erosion control plan requirement:
(1) 
Agricultural activities, including household gardening, not involving the artificial drainage of lands;
(2) 
The development of a single-family or duplex residential dwelling unit and its accessory structures (such as fences, storage sheds, and septic tanks) in an existing subdivision;
(3) 
The development of one single-family or duplex residential structure not in an existing subdivision;
(4) 
Any maintenance, alteration, use or improvement to an existing structure not changing the quality, rate, volume or location of surface water discharge;
(5) 
Industrial and/or commercial projects which result in an impervious surface less than 10,000 square feet.
C. 
Waivers. A waiver of the stormwater management and erosion plan requirement may be obtained by submitting an application on forms supplied by the Town of Bergen to the Town Planning Board. The application for waiver shall contain:
(1) 
The name, address and telephone number of the developer and owner;
(2) 
A description and drawing of the proposed development;
(3) 
The location of the development;
(4) 
Any other information requested by the Town Planning Board that is reasonable and necessary to evaluate the proposed development and potential runoff impacts.
D. 
The Town Planning Board may grant a waiver if the application demonstrates the development is not likely to:
(1) 
Measurably increase or decrease the rate or volume or surface water runoff;
(2) 
Have a measurable adverse impact on a wetland, watercourse or water body;
(3) 
Measurably contribute to the degradation of water quality.
E. 
The following types of development shall not be eligible to receive a waiver:
(1) 
Land clearing or earth moving and land grading projects involving:
(a) 
Site preparation within 100 feet of wetland;
(b) 
Site preparation of existing slopes which exceed 15% for a horizontal distance of 100 feet along the slope;
(c) 
Site preparation within 100 feet of all streams, watercourses or other water bodies;
(d) 
Site preparation within the one-hundred-year floodplain of any watercourse delineated on the Federal Emergency Management Agency Flood Hazard Maps.
(2) 
Shopping centers;
(3) 
Industrial or commercial facilities;
(4) 
Subdivisions larger than a single family or duplex residential dwelling unit;
(5) 
Roads;
(6) 
Impervious surfaces greater than 10,000 square feet.

§ 425-8 Content; permit application materials.

A property owner(s) or his agent(s) may initiate a request for a permit or the modification of a permit by filing with the Town Planning Board eight copies of an application who shall promptly forward copies of the application to the Town Engineer, Town Zoning Enforcement Officer, Superintendent of Highways and the Genesee County Soil and Water Conservation District. Maps and plans accompanying the application shall be prepared by a registered architect or licensed engineer or by any other person approved by the Town Planning Board. The Chairman of the Town Planning Board may require that additional copies of the application be filed with the Secretary to the Planning Board, and he may modify the requirements concerning materials to accompany the application by waiving or adding such requirements as he deems appropriate to the nature and scope of the proposed activities. The Chairman of the Town Planning Board may require the applicant(s) to reconstruct application materials if they are deemed to be of insufficient scale or quality or do not meet the standards of this section. Excepting for modifications authorized or required by the Chairman of the Town Planning Board, each application shall contain the following material:
A. 
Existing features map(s), at a scale no smaller than one inch equals 100 feet, indicating:
(1) 
The boundaries of all parcels on which site preparation activities are proposed to be undertaken and boundaries of all parcels adjacent to the subject site;
(2) 
All structures and roads within a distance of 500 feet of the parcel on which site preparation activities are proposed to be undertaken, the structures identified by their uses and the roads identified by their surface material and width of surface;
(3) 
All watercourses within a distance of 500 feet of the parcels on which site preparation activities are proposed to be undertaken;
(4) 
Existing topography at contour intervals of two feet within a distance of 500 feet of the parcels on which site preparation activities are proposed to be undertaken;
(5) 
All sewer, water, gas, and electric lines and all other utilities within the parcels on which site preparation activities are proposed to be undertaken;
(6) 
Major wooded areas and tree clusters within a distance of 500 feet of the parcels on which site preparation activities are proposed to be undertaken;
(7) 
All vegetation areas on the site proposed for site preparation activities, including areas of grass, areas of brush, and wooded areas and tree clusters;
(8) 
The depth to bedrock on the site proposed for site preparation activities, if determined during site evaluation;
(9) 
The depth to permanent ground water aquifers on the site proposed for site preparation activities, if such depth is determined during site evaluation;
(10) 
The boundary of the one-hundred-year floodplain must be shown together with designated wetland boundaries where applicable; and
(11) 
Drainage computations prior to site preparation and after site preparation may be required.
B. 
Development standards. All development, plus specifications and timing schedules, including extensions of previously approved plans, shall comply with provisions for erosion and sediment control in accordance with standards and specifications contained in a manual entitled "New York Guidelines for Urban Erosion and Sediment Control" published by the Empire State Chapter of Soil and Water Conservation Society, and the manual entitled "Stormwater Management Guidelines for New Development" being published by the Department of Environment Conservation, as it may be revised. In the event of conflict with this chapter, the provisions herein shall prevail.
C. 
Operations map(s) at a scale no smaller than one inch equals 100 feet, which present a complete erosion and sediment control plan and which indicate:
(1) 
All excavation, filling, and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved;
(2) 
All stripping, identified as to the nature of vegetation affected;
(3) 
All areas where topsoil is removed and stockpiled and where topsoil is ultimately placed, identified as to the depth of topsoil in each such area, topsoil to be replaced to at least predevelopment depth;
(4) 
All temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent;
(5) 
All temporary and permanent drainage, erosion and sediment control facilities, including such facilities as ponds and sediment basins, identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in gallons;
(6) 
The anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system;
(7) 
The location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and
(8) 
The final contours of the site in intervals of no greater than two feet.
D. 
A time schedule which is keyed to the operations map(s), indicating:
(1) 
When major phases of the proposed project are to be initiated and completed;
(2) 
When major site preparation activities are to be initiated and completed;
(3) 
When the installation of temporary and permanent vegetation and drainage, erosion and sediment control facilities is to be completed; and
(4) 
The anticipated duration (in days) of exposure of all major areas of site preparation before the installation of erosion and sediment control measures.
E. 
An estimate of costs of providing temporary and permanent vegetation and drainage, erosion, and sediment control facilities shall be prepared by applicant's engineer and confirmed by the Town Engineer.

§ 425-9 Plan review process; permit application, review, issuance, and compliance procedures.

A. 
Before any site preparation requiring a permit under § 425-7 of this chapter is commenced, eight copies of a permit application shall have been filed with the Secretary of the Planning Board, and this application shall have been approved and a permit shall have been granted pursuant to the provisions of this chapter.
B. 
Upon filing an application for a permit, the applicant(s) shall pay to the Town a fee according to the Fee Schedule. The fee shall be deemed a reasonable sum to cover the costs of administration and shall in no part be returnable to the applicant(s).
C. 
The Town Planning Board, acting with recommendations from the Town Engineer, Town Zoning Enforcement Officer, Superintendent of Highways and the Genesee Soil and Water Conservation District shall have the authority to grant or deny all permits pursuant to this chapter.
D. 
Copies of the permit application shall be submitted to the Town Planning Board. The Town Engineer, Town Zoning Enforcement Officer and Superintendent of Highways shall submit recommendations on the application to the Planning Board within 30 days of the date of filing.
E. 
The Town Planning Board may, upon its discretion, conduct public hearings on permit applications, which hearings shall be fixed at a reasonable time and shall be given notice by a newspaper of general circulation in the Town at least 10 days prior to the date thereof.
F. 
The Town Planning Board shall grant or deny all permits within 60 days of the date of filing of the application thereof, unless the applicant and the Town Planning Board consent to a time extension.
G. 
Prior to granting a permit, the Town Planning Board shall determine that the request is in harmony with the purpose and standards set forth in this chapter.
H. 
In granting a permit, the Town Planning Board shall fix a reasonable time limit for the termination of the permit and may attach any conditions which it deems necessary to assure compliance with the provisions of this chapter. The permit shall not exceed one year in duration.
I. 
Major modifications of the terms of approved permits shall follow the same application, review and approval procedures as those set forth in this section for the original permit.
J. 
It shall be the responsibility of the Authorized Official to inspect sites as frequently as necessary to assure compliance with the terms of approved permits and the provisions of this chapter and to submit written notification of any violations of these terms or provisions to the Chairman of the Town Planning Board.
K. 
If at any time during the effective period of a permit or upon its expiration the terms of the permit are violated, the Zoning Enforcement Officer may revoke the permit and may require that the performance guarantee be forfeited to the Town. If the applicant shall be unable to complete the project or any phase thereof within the specified time, he shall, 30 days prior to the specified date of completion, present in writing a request for an extension of time, setting forth therein the reasons for the request. If in the discretion of the Town Planning Board such an extension is warranted, the Board may grant additional time for the completion of the work.

§ 425-10 Performance standards and design standards.

The Planning Board shall refer all developments requiring a permit to the Genesee County Soil and Water Conservation District (SWCD) and/or the Town Engineer, for their review as to the acceptability of proposed drainage, erosion and sediment control measures both during construction phases and after completion. Such review shall be based upon the U.S. Soil Conservation Service TR-55 system or an acceptable equivalent. All easements deemed necessary to maintain either natural, or man-made, stormwater drainage, erosion and/or sediment control measures shall be provided and plotted accordingly on the subdivision plat, or other appropriate documents as deemed necessary by the Planning Board.

§ 425-11 Off-site drainage facilities.

The Town Planning Board may allow stormwater runoff that is otherwise of unacceptable quality or which would be discharged in volumes or rates in excess of those otherwise allowed by this chapter, to be discharged into stormwater management facilities off the site of development if each of the following conditions is met:
A. 
It is not practicable to completely manage runoff on the site in a manner that meets the performance standards and design criteria;
B. 
The off-site drainage facilities and channels leading to them are designed, constructed and maintained in accordance with the requirements of this chapter;
C. 
Adequate provision is made for the sharing of construction and operating costs of the facilities. The developer may be required to pay a portion of the cost of constructing the facilities as a condition to receiving approval of the drainage plan;
D. 
Adverse environmental impacts on the site of development will be minimized;
E. 
Use of regional off-site stormwater management facilities does not eliminate the requirement that the first 1/2 inch of runoff be captured and treated on-site;
F. 
A request to use off-site stormwater management facilities and all information related to the proposed off-site facilities should be made a part of the developer's stormwater management plan.

§ 425-12 Maintenance requirement.

Stormwater management facilities shall be maintained either by an owner(s) or the Town Board.
A. 
Stormwater management facilities maintained by an owner(s) shall have adequate easements to permit the Town of Bergen to inspect and, if necessary, to take corrective action should the owner(s) fail to properly maintain the system. Before taking corrective action, the Town of Bergen shall give the owner(s) written notice of the nature of the existing defects. If the owner(s) fails within 30 days from the date of notice to commence corrective action or to appeal the matter to the Bergen Town Board, the Town of Bergen may take necessary corrective action, the cost of which shall become a lien on the real property until paid.
B. 
Stormwater management facilities may be dedicated to the Town of Bergen for purposes of maintenance by mutual consent and agreement of the developer(s)/owner(s) and the Town Board of the Town of Bergen; and shall be dedicated to the Town of Bergen when said facilities are determined to be appropriately a part of the Stormwater Management District, or a comparably maintained regional stormwater management system, or are unlikely to be adequately maintained by the owner(s) of the property.

§ 425-13 Performance bond.

A. 
In order to ensure the full and faithful completion of all construction activities related to compliance with all conditions set forth by the Town of Bergen in its approval of the stormwater management and erosion control plan, the Town of Bergen may require the developer to provide, prior to construction, a performance bond, escrow account certification, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Bergen as the beneficiary. The security shall be in an amount to be determined by the Town of Bergen based on submission of final design plans, with reference to actual construction costs.
B. 
Where stormwater management and/or erosion and sediment control facilities are to be operated and maintained by the developer or owner of a development the Town of Bergen, the developer, prior to construction, also may be required to provide the Town of Bergen with an irrevocable letter of credit from an appropriate financial institution or surety to ensure proper operation and maintenance of all stormwater management and/or erosion control facilities for the life of the project.
(1) 
The letter of credit should remain in force until such time as the developer or owner is released from any further responsibility for operation and maintenance of such facilities by the Town of Bergen.
(2) 
Per annum interest on the letter of credit will be reinvested in the account until the surety is released from liability.
(3) 
If the developer or owner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Bergen may draw upon the account to cover the costs of proper operation and maintenance.

§ 425-14 Enforcement; penalties for offenses.

A. 
Nuisance. Any development activity that is commenced without prior approval of a stormwater management plan or is conducted contrary to an approved stormwater management plan as required by this chapter, shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law.
B. 
Civil penalties.
(1) 
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 punished by a fine of not less than $100 nor more than $999. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. In addition to the aforementioned civil penalties, the Town may seek a temporary or permanent injunction against any violator to prevent further construction activities and/or violation of the stormwater law.
(2) 
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 Bergen may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
C. 
Notice of violation.
(1) 
When the Zoning Enforcement Officer determines that developmental activity is not being carried out in accordance with the requirements of this chapter, he shall issue a written notice of violation to the owner(s) of the property. The notice of violation shall contain:
(a) 
The name and address of the owner(s) or applicant(s);
(b) 
The street address, when available, or a description of the building, structure, or land upon which the violation is occurring;
(c) 
A statement specifying the nature of the violation;
(d) 
A description of the remedial actions necessary to bring the development activity into compliance with this chapter and a time schedule for completion of such remedial action;
(e) 
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(f) 
A statement that the Zoning Enforcement Officer's determination of violation may be appealed to the Town Board of the Town of Bergen by filing a written notice of appeal within 15 days of service of notice of violation;
(g) 
A direction, if the Zoning Enforcement Officer deems it necessary to prevent further violation of the provisions of this chapter, a statement that the owner or applicant cease and desist any further development activity that is in violation of this chapter.
(2) 
The notice of violation shall be served upon the person(s) to whom it is directed either personally, in manner provided for personal services of notices by the court of local jurisdiction, or by mailing a copy of the notice of the violation by certified mail, postage prepaid, return receipt requested to such person at his or her last known address.
(3) 
A notice of violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken to the Town Board, Town of Bergen.

§ 425-15 Appeals.

Any person aggrieved by the action of any official charged with the enforcement of this chapter, as the result of the disapproval of a stormwater management and erosion control plan, issuance of a written notice of violation, or an alleged failure to properly enforce the law in regard to a specific application, shall have the right to appeal the action to the Town Board, Town of Bergen. The appeal shall be filed in writing within 20 days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which the appeal is based, and shall be processed in the manner prescribed for hearing administrative appeals following:
A. 
Hearing of and decision upon appeal. The Town Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties, and not less than 10 days prior to the hearing date shall publish such notice at least once in the official newspaper of the Town and decide the same within 60 days after the final hearing. Upon the hearing, any party may appeal in person or by agent or by attorney. The Town Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of any such law, the Town Board shall have the power in passing upon appeals, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction, structural changes in, equipment or alteration of buildings or structures, or the use of land, so that the spirit of the law shall be observed, public safety and welfare secured and substantial justice done.

§ 425-16 Variances.

The Town Planning Board may grant a written variance from any requirements of this chapter using the following criteria:
A. 
There are special circumstances applicable to the subject property or its intended use; and
B. 
The granting of the variance will not:
(1) 
Measurably increase or decrease the rate or volume of surface water runoff;
(2) 
Have a measurable adverse impact on a wetland, watercourse or water body;
(3) 
Measurably contribute to the degradation of water quality; and
(4) 
Otherwise measurably impair attainment of the objectives of this chapter.

§ 425-17 Effective date.

This chapter shall become effective on August 1, 1992.