Town of Wappinger, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wappinger 6-11-2007 by L.L. No. 7-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 9.
Blasting — See Ch. 80.
Building Code administration — See Ch. 85.
Environmental quality review — See Ch. 117.
Fines and civil penalties — See Ch. 122, Art. V.
Flood damage prevention — See Ch. 133.
Freshwater wetland water body and watercourse protection — See Ch. 137.
Subdivision of land — See Ch. 217.
Zoning — See Ch. 240.

§ 213-1 Legislative findings.

It is hereby determined that:
A. 
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition.
B. 
This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species.
C. 
Clearing, grading, excavating, soil disturbance or placement of fill during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat.
D. 
Improper design, maintenance and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation.
E. 
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow.
F. 
Substantial economic losses can result from these adverse impacts on the waters of the Town.
G. 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.
H. 
The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety.
I. 
Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
J. 
The Town Board finds that the municipal stormwater management provisions adopted herein are consistent with the guidelines set forth in Greenway Connections.[1] In their deliberations on any discretionary actions under this chapter, the Stormwater Management Officer and other approving agencies of the Town of Wappinger shall consider the statement of policies, principles and guidelines in Greenway Connections as they deem appropriate and relevant in their deliberations on such discretionary actions.
[1]
Editor's Note: See Ch. 240, Zoning, § 240-2.1, Greenway Connections.

§ 213-2 Legislative intent.

The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the legislative findings in § 213-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
A. 
Adopt minimum control measures 4 and 5 for a Stormwater Management Program as set forth in the SPDES general permit for stormwater discharges from municipal separate stormwater sewer systems Permit No. GP-02-02, effective January 8, 2003, as amended, revised or superseded.
B. 
Further implement the Town of Wappinger Stormwater Management Program as required under New York State MS4 SPDES No. NYR20A055.
C. 
Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) general permit for construction activities GP-02-01 or as amended or revised.
D. 
Comply with the applicable federal regulations for small municipal separate storm sewer systems (MS4) promulgated by the United States Environmental Protection Agency pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.).
E. 
Minimize increases in the rate of stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and to maintain the integrity of stream channels.
F. 
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality.
G. 
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable.
H. 
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and to eliminate threats to public safety.

§ 213-3 Applicability.

A. 
All land development activities, as such are defined in § 213-5 of this article, including, but not limited to, land development activities subject to review and approval by the Town Board, the Planning Board or the Zoning Board of Appeals of the Town under subdivision, site plan, special permit, wetland permit, grading permit and/or other environmental permit regulations, shall be reviewed subject to the standards contained in this chapter.
B. 
It shall be unlawful for any person to engage in a land development activity, other than an exempt activity as defined in § 213-4, without a stormwater pollution prevention plan approved by the Stormwater Management Officer or other approving authority, as specified in Subsection C below.
C. 
The Stormwater Management Officer shall accept, review and be the approving authority for all stormwater pollution prevention plans (SWPPP), except the approving authority for land use applications subject to approval under this Code shall be as follows:
(1) 
Conventional subdivision. The Planning Board shall approve SWPPPs in connection with applications for conventional subdivisions under Chapter 217 in all districts.
(2) 
Average density subdivision. The Planning Board shall approve SWPPPs in connection with applications for average density subdivisions pursuant to § 240-19A in all districts.
(3) 
Conservation subdivision. The Town Board shall approve SWPPPs in connection with applications for conservation subdivisions pursuant to § 240-19B in all districts.
(4) 
Mandatory open space subdivision. The Planning Board shall approve SWPPPs in connection with applications for mandatory open space subdivisions pursuant to § 240-19C in all districts.
(5) 
Special permit uses. The Planning Board shall approve SWPPPs in connection with applications for special permit uses pursuant to Article VII of Chapter 240 in all districts, except in those cases where the Schedule of Use Regulations[1] designates the Town Board as the approving agency, in which case the Town Board shall approve the SWPPP.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of Ch. 240, Zoning.
(6) 
Site development plans. The Planning Board shall approve SWPPPs in connection with site development plans pursuant to Article IX of Chapter 240 in all districts; the Architectural Review Board is designated as the Planning Board.
(7) 
Planned unit developments. The Town Board shall approve SWPPPs in connection with applications for planned unit developments pursuant to § 240-39.
(8) 
Designed Residential Development. The Town Board shall approve SWPPPs in connection with applications for Designed Residential Development pursuant to § 240-50 in all districts.
D. 
The Stormwater Management Officer may engage the services of a registered professional engineer to review the plans, specifications and related documents. The applicant shall be responsible for payment of the fees of the engineer engaged by the Stormwater Management Officer in accordance with the provisions of § 122-2 of the Town Code.

§ 213-4 Exemptions.

The following activities shall be exempt from review under this chapter:
A. 
Agricultural activity as defined in this chapter.
B. 
Silvicultural activity, except that landing areas and log haul roads are subject to this chapter.
C. 
Repairs and routine property maintenance activities that disturb less than one acre and maintain the original line and grade.
D. 
Repairs and routine maintenance to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
E. 
Any part of a subdivision if a plat for the subdivision has been approved by the Town of Wappinger on or before the effective date of this chapter.
F. 
Land development activities for which a building permit has been approved and is still in effect on or before the effective date of this chapter.
G. 
Cemetery graves.
H. 
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
I. 
Emergency activity immediately necessary to protect life, property or natural resources.
J. 
Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.
K. 
Landscaping and horticultural activities in connection with an existing noncommercial structure.

§ 213-5 Definitions.

Whenever used in this chapter, unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following terms will have meanings set forth below:
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation or the construction of new structures associated with agricultural activities.
APPLICANT
Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof, filing an application for a land development activity subject to the provision of this chapter.
BUILDING
The term "building" as defined in § 240-5 of the Town Code now or as hereafter amended.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices, or any superseding publication issued by the New York State Department of Environmental Conservation.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book," or any superseding publication issued by the New York State Department of Environmental Conservation.
FRESHWATER WETLAND
The term "freshwater wetland" as defined in § 137-5 of the Town Code now or as hereafter amended.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT ACTIVITY
Any construction or demolition activity, including clearing, grubbing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PERSON
Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity.
RECHARGE
The replenishment of undergroundwater reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SILVICULTURAL
Of or relating to the management and care of forests.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued by the duly authorized municipal authority which requires that all land development activity and other construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER (SMO)
The Town of Wappinger Director of Code Enforcement or his or her designee.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
TOWN
The Town of Wappinger, New York.
WATERCOURSE
The term "watercourse" as defined in § 137-5 of the Town Code now or as hereafter amended.

§ 213-6 Stormwater pollution prevention plans.

A. 
No application for approval of a land development activity shall be reviewed until the appropriate approving authority has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter.
B. 
All SWPPPs shall provide the following background information and erosion and sediment controls:
(1) 
Background information about the scope of the project, including location, type and size of the project.
(2) 
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map shall show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s). The site map shall be at a scale no smaller than one inch equals 50 feet.
(3) 
Description of the soil(s) present at the site.
(4) 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP. The Town may opt to reduce the amount of land that may be exposed at any one time.
(5) 
Description of the pollution prevention measures that will be used to control construction materials, chemicals and debris from becoming a pollutant source in stormwater runoff.
(6) 
Description of construction and waste materials expected to be stored on site, with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response.
(7) 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project closeout.
(8) 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
(9) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
(10) 
Temporary practices that will be converted to permanent control measures.
(11) 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice will remain in place until the site is stabilized.
(12) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(13) 
Name(s) of the receiving water(s) and NYSDEC classification(s), if applicable.
(14) 
Delineation of SWPPP implementation responsibilities for each part of the site.
(15) 
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable.
(16) 
Any existing data that describes the stormwater runoff at the site.
(17) 
An acknowledgment by the landowner granting to the Town and other agencies having jurisdiction the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
C. 
Land development activities that cause stormwater runoff of the type listed in this subsection shall provide, as applicable, postconstruction stormwater runoff controls:
(1) 
Stormwater runoff from land development activities discharging a pollutant of concern to an impaired water identified on the Department's 303(d) list of impaired waters;
(2) 
Stormwater runoff from land development activities discharging a pollutant of concern to total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment;
(3) 
Stormwater runoff from land development activities disturbing five or more acres; or
(4) 
Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
D. 
Postconstruction stormwater runoff controls. SWPPPs for land development activities listed in Subsection C shall provide the following water quantity and/or water quality controls:
(1) 
All information required by Subsection B.
(2) 
Description of each postconstruction stormwater management practice;
(3) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;
(4) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(5) 
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;
(6) 
Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
(7) 
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;
(8) 
Maintenance easement(s), where required, to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property; and
(9) 
Inspection and maintenance agreement recorded and binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 213-8 of this chapter.
E. 
The SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control, professional engineer, or other professional(s) deemed acceptable by the NYSDEC and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter.
F. 
The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
G. 
Certification.
(1) 
Each contractor and subcontractor identified in the SWPPP and/or any successor or substitute contractor or subcontractor who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." Copies of these statements shall be delivered to the duly authorized municipal authority.
(a) 
The certification must include the name and title of the person providing the signature; the address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(b) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
(2) 
Proof that each contractor who will be involved in a land development activity has obtained training and/or certification in proper erosion and sedimentation control practices shall become part of the SWPPP for the land development activity.
H. 
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

§ 213-7 Performance and design criteria for stormwater management and erosion and sediment control.

All land development activities shall be subject to the following performance and design criteria:
A. 
For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter. (NOTE: The New York State technical guidance documents may be ordered from the New York State DEC. An order form, as well as downloadable versions of the manuals, is available on the Internet at http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html and http://www.dos.state.ny.us/lgss/stormwaterpub/index.html.) Copies of the two manuals are on file in the office of the Stormwater Management Officer.
(1) 
The Design Manual as defined in § 213-5.
(2) 
The Erosion Control Manual as defined in § 213-5.
B. 
Where stormwater management practices are not in accordance with technical standards, the owner, applicant or developer must demonstrate equivalence to the technical standards set forth in this section, and the SWPPP shall be prepared by a certified professional in erosion and sediment control, professional engineer or other professional(s) deemed acceptable by the NYSDEC.
C. 
Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

§ 213-8 Maintenance, inspection and repair of stormwater facilities.

A. 
The owner, 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) which 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% and placed in an acceptable location and properly stabilized.
B. 
The owner, applicant, developer or his or her representative shall be on site at all times when construction or grading activity takes place and shall maintain the effectiveness of all erosion and sediment control practices unless all construction, demolition or grading activity has ceased and the site has been stabilized to the satisfaction of the Stormwater Management Officer.
C. 
Inspection shall be conducted and inspection reports shall be completed by a certified professional in erosion and sediment control, professional engineer or other professional(s) deemed acceptable by the NYSDEC every seven days and within 24 hours of the conclusion of any storm event producing 0.5 inches of precipitation or more. The reports shall be maintained in a site logbook.
D. 
Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, other than one serving an individual single-family residence, the applicant or developer must execute an easement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall be in a form acceptable to the counsel to the Town and shall provide for access to the facility at reasonable times for periodic inspection by the Town, or its designee, 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 counsel for the Town.
E. 
The owner or operator of permanent stormwater management facilities or practices installed in accordance with this chapter shall operate and maintain the stormwater management practices to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
(1) 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.
(2) 
Written procedures for operation and maintenance and training new maintenance personnel.
(3) 
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 213-7C.
F. 
Prior to the issuance of any final plan approval, the applicant or developer must execute a formal maintenance agreement for stormwater management facilities, other than those serving an individual single-family residence, binding on all subsequent landowners. The maintenance agreement shall be in a form acceptable to Town Counsel and shall be recorded in the office of the County Clerk as a deed restriction on the property. The Town of Wappinger, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

§ 213-9 Construction inspection, administration and maintenance.

A. 
In addition to the inspections required by § 213-8C, the Stormwater Management Officer may require such other 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 Town enforcement officials at least 48 hours before any of the following, as required by the Stormwater Management Officer:
(1) 
Start of construction;
(2) 
Installation of sediment and erosion control measures;
(3) 
Completion of site clearing;
(4) 
Completion of rough grading;
(5) 
Completion of final grading;
(6) 
Close of the construction season;
(7) 
Completion of final landscaping; or
(8) 
Successful establishment of landscaping in public areas.
B. 
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.
C. 
All applicants are required to submit as-built plans for any stormwater management facilities and 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 New York State licensed land surveyor and a professional engineer.
D. 
Inspection programs may 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 is 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.
E. 
The Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
F. 
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 and other agencies having jurisdiction the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
G. 
Entities subject to this chapter shall maintain records demonstrating compliance with this chapter.

§ 213-10 Performance guarantee.

A. 
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 agreement, secured by a surety bond, cash escrow, or irrevocable letter of credit issued by 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 upon consultation with the Engineer to the Town and the Attorney to the Town, based on submission of final design plans, with reference to actual construction and landscaping costs. The performance agreement shall be in a form acceptable to the Town. The performance agreement shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than two years 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 two-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Notwithstanding the above, stormwater facilities involving wetlands shall be subject to § 137-11 of this Code. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
[Amended 1-28-2013 by L.L. No. 4-2013]
B. 
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 based upon the advice of the Town Engineer. 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. 
It shall be the primary responsibility of the landowner and the successor landowners to perform all necessary inspections, maintenance, reporting, adjustments, repair, replacement and reconstruction of the stormwater management facilities. If, at any time, the Stormwater Management Officer determines that necessary inspections, reports, maintenance, repairs, adjustments, replacement or reconstruction has not been properly performed, the Town may undertake to perform any such work or work that it finds, in its sole judgment, is necessary to preserve the stormwater management functions of stormwater management practices (SMPs), at the cost and expense of the landowner and the successor landowners. Copies of all bills, statements and invoices substantiating such costs, including costs of consultants, shall be included with written notice of same. Each lot shall individually and separately bear its equal share of such costs, and in the event that its share is not paid within 30 days of issuance of statements for this work, the amount of such share shall constitute a lien against such lot which shall be levied and collected in the same manner as Town real estate taxes or in such manner otherwise provided by law. The landowner and the successor lot landowner shall be personally liable for payments of their respective shares of all such costs, including costs of collection and reasonable attorneys' fees.

§ 213-11 Enforcement.

A. 
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; and
(6) 
A statement that the determination of violation may be appealed to the Town by filing a written notice of appeal within 15 days of service of notice of violation.
B. 
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 and other construction activities on the site, except those activities, approved by the Town, 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.
(1) 
Issuance of a stop-work order by the Town Engineer shall be as provided in § 85-14 of the Town Code. A stop-work order may be appealed by filing a written notice of appeal with the Town Board not later than 30 days after service of the stop-work order upon the applicant. A hearing shall be scheduled by the Town Board within 20 days of receipt of request for a hearing. After the close of the hearing, the Town Board may confirm, modify or cancel the stop-work order.
(2) 
The approving authority shall set forth, in writing, in the permit application file it keeps, its findings and reasons for revoking or suspending a permit pursuant to this section.
C. 
Any land development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction from a court of competent jurisdiction or otherwise abated in any manner provided by this chapter.
D. 
In addition to any penalty provided herein or by law, any person in violation of this chapter may be required to restore land to its undisturbed condition and/or mitigate on-site and off-site damage from stormwater runoff, sediment or pollutants resulting from the violator's activities. 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.
E. 
If any building or land development activity is installed or conducted in violation of this chapter, no certificate of occupancy or certificate of compliance shall be issued for said building(s).

§ 213-12 Penalties for offenses.

A. 
A violation of any provision of this chapter is considered an offense, and a person is subject to a civil penalty as set forth in Chapter 122, Article V, § 122-20II(1), of the Code for a first offense.
B. 
A conviction of a second offense of the provisions of this chapter, both of which were committed within a period of five years, is considered a violation subject to a fine and/or a civil penalty as set forth in Chapter 122, Article V, § 122-20II(2).
C. 
A conviction for a third or subsequent offense, all of which were committed within a period of five years, is considered a violation with a penalty of a period of imprisonment of not to exceed 15 days, a fine, a civil penalty or any combination of the three as set forth in Chapter 122, Article V, § 122-20II(3), of the Code.
D. 
Each week's continued violation shall constitute a separate additional offense.

§ 213-13 Purpose and objectives.

A. 
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Town of Wappinger through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES general permit for municipal separate storm sewer systems.
B. 
The objectives of this article are:
(1) 
To meet the requirements of the SPDES general permit for stormwater discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
(2) 
To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;
(3) 
To comply with the applicable federal regulations for small municipal separate storm sewer systems (MS4) promulgated by the United States Environmental Protection Agency pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.);
(4) 
To prohibit illicit discharges and illicit connections to the MS4;
(5) 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter; and
(6) 
To promote public awareness of the adverse environmental impacts and hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.

§ 213-14 Definitions.

Whenever used in this chapter, unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following terms will have meanings set forth below:
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01, as amended or revised. These activities include construction projects resulting from land disturbances of one or more acres. Such activities include but are not limited to clearing, grubbing, grading, excavating and demolition.
DESIGN PROFESSIONAL
A New York State licensed professional engineer or architect.
EPA
The United States Environmental Protection Agency.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4, including but not limited to:
A. 
Any conveyances which allow any nonstormwater discharge, including but not limited to treated or untreated sewage, process wastewater, and wash water, to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency; or
B. 
Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 213-17B of this chapter.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.
MS4
Municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
A. 
Owned or operated by the Town of Wappinger;
B. 
Designed or used for collecting or conveying stormwater;
C. 
Which is not a combined sewer; and
D. 
Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
NYSDEC
The New York State Department of Environmental Conservation.
PERSON
Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water, which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking areas.
A. 
Discharge compliance with water quality standards: the condition that applies where the Town has been notified by the NYSDEC or the EPA that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Town must take all necessary actions to ensure that future discharges do not cause or contribute to a violation of water quality standards.
B. 
303(d)-listed waters: the condition in the Town's MS4 permit that applies where the MS4 discharges to a 303(d)-listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d)-listed water.
C. 
Total maximum daily load (TMDL) strategy: the condition in the Town's MS4 permit where a TMDL, including requirements for control of stormwater discharges, has been approved by the EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the Town was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
D. 
The condition in the Town's MS4 permit that applies if a TMDL is approved in the future by the EPA for any water body or watershed into which an MS4 discharges. Under this condition the Town must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the Town must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the NYSDEC that authorizes the discharge of pollutants to waters of the state.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
The Town of Wappinger Director of Code Enforcement, or his or her designees, and/or such other Town officers, employees or consultants as designated by the Town. The Dutchess County Department of Health presently is and shall continue to be the enforcement authority for the design, repair, replacement and operation of individual sewage treatment systems within the MS4.
303(d) LIST
A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the New York State DEC as required by Section 303(d) of the Clean Water Act. Section 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
TOWN
The Town of Wappinger, New York.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants, and is or will be discarded.

§ 213-15 Applicability.

This chapter shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

§ 213-16 Administration and enforcement.

The Stormwater Management Officer shall administer, implement and enforce the provisions of this chapter. Such powers granted or duties imposed upon the SMO may be delegated by the SMO as may be authorized by the Town.

§ 213-17 Illicit discharges prohibited.

A. 
Prohibition of illicit discharges. No person shall discharge or cause to be discharged or continue to discharge into the MS4 any materials other than stormwater, except those discharges exempted by Subsection B below.
B. 
Exempt discharges.
(1) 
The following discharges are exempt from discharge prohibitions established by this article, unless the NYSDEC or the Town Board, by resolution, has determined them to be substantial contributors of pollutants:
(a) 
Water line flushing or other potable water sources;
(b) 
Landscape irrigation or lawn watering;
(c) 
Existing diverted stream flows;
(d) 
Rising groundwater;
(e) 
Uncontaminated groundwater infiltration to storm drains;
(f) 
Uncontaminated pumped groundwater;
(g) 
Foundation or footing drains;
(h) 
Crawl space or basement sump pumps;
(i) 
Air-conditioning condensate;
(j) 
Irrigation water;
(k) 
Springs;
(l) 
Water from individual residential car washing;
(m) 
Natural riparian habitat or wetland flows;
(n) 
Dechlorinated swimming pool discharges;
(o) 
Residential street wash water;
(p) 
Water from fire-fighting activities; and
(q) 
Any other water source not containing pollutants.
(2) 
Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.
(3) 
Dye testing in compliance with applicable state and local laws is an allowable discharge but requires notification to the SMO prior to the time of the test.
(4) 
The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.

§ 213-18 Illicit connections prohibited.

A. 
The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
B. 
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
C. 
A person is considered to be in violation of this article if the person connects a line conveying sewage to the Town's MS4 or allows such a connection to continue.

§ 213-19 Stormwater contamination prohibited.

A. 
Activities that are subject to the requirements of this section include:
(1) 
Activities that cause or contribute to a violation of the Town's MS4 SPDES permit; or
(2) 
Activities that cause or contribute to the Town being subject to the special conditions as defined in § 213-14R of this article.[1]
[1]
Editor's Note: See the definition of "special conditions" in § 213-14.
B. 
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the Town's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Town's MS4 SPDES permit authorization.

§ 213-20 Use of best management practices required.

A. 
Where the SMO has identified illicit discharges as defined in § 213-14 or activities contaminating stormwater as defined in § 213-19, the Town may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1) 
The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.
(2) 
Any person responsible for a property or premises which is, or may be, the source of an illegal discharge as defined in § 213-14 or an activity contaminating stormwater as defined in § 213-19 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3) 
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
B. 
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse.

§ 213-21 Suspension of access to MS4.

A. 
Suspension without prior notice. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with the suspension order issued pursuant to this subsection, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons.
B. 
Suspension after notice of illicit discharge. Any person discharging to the Town's MS4 in violation of this article may have its MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur.
C. 
A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the SMO.

§ 213-22 Industrial or construction activity discharges.

Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Town prior to the allowing of discharges to the MS4.

§ 213-23 Access to property; inspection; monitoring of discharges.

A. 
Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this article or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article.
B. 
Access to facilities.
(1) 
The SMO shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO.
(2) 
Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this article.
C. 
If the SMO has been refused access to any part of the premises from which stormwater is discharged and he/she is able to demonstrate probable cause to believe that there may be a violation of this article or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction.
D. 
The Town shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge.
E. 
The Town has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

§ 213-24 Notification of spills.

A. 
Notwithstanding other requirements of this article, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.
B. 
In the event of a release of hazardous materials into the MS4, any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.
C. 
In the event of a release of nonhazardous materials into the MS4, any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, shall notify the Stormwater Management Officer, in person or by telephone or facsimile, no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Stormwater Management Officer within three business days of the telephone notice.
D. 
If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
E. 
The provisions of this section shall be in addition to any other notifications required by state and federal law.

§ 213-25 Notice of violation.

A. 
Notice of violation. When the Town's SMO finds that a person has violated a provision of this article or failed to meet a requirement of this article, he or she may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
(1) 
The elimination of illicit connections or illicit discharges;
(2) 
That violating discharges, practices, or operations shall cease and desist;
(3) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(4) 
The performance of monitoring, analyses, and reporting;
(5) 
The amount of the potential fine; and
(6) 
The implementation of source control or treatment BMPs.
B. 
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the Town or a contractor and the expense thereof shall be charged to the violator and shall constitute a lien against the property.

§ 213-26 Corrective measures.

A. 
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
B. 
If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.
C. 
Within 10 days after abatement of the violation by, or under authorization of, the SMO, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest with the Town Board objecting to the amount of the assessment within 10 days of receipt of said notice. If the amount due is not paid within 30 days after the disposition of any protests or the expiration of the time to file an appeal, whichever is earlier, the charges shall become a lien on the property for the amount of the assessment to be collected in the same manner as real estate taxes.

§ 213-27 Injunctive relief.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

§ 213-28 Penalties for offenses.

A. 
A violation of any provision of this chapter is considered an offense, and a person is subject to a civil penalty as set forth in Chapter 122, Article V, § 122-20II(4), of the Code for a first offense.
B. 
A conviction of a second offense of the provisions of this chapter, both of which were committed within a period of five years, is considered a violation subject to a fine and/or a civil penalty as set forth in Chapter 122, Article V, § 122-20II(5).
C. 
A conviction for a third or subsequent offense, all of which were committed within a period of five years, is considered a violation with a penalty of a period of imprisonment of not to exceed 15 days, a fine, a civil penalty or any combination of the three as set forth in Chapter 122, Article V, § 122-20II(6), of the Code.
D. 
Each week's continued violation shall constitute a separate additional offense.

§ 213-29 Violations deemed a public nuisance.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

§ 213-30 Remedies not exclusive.

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.

§ 213-31 Severability.

If any provision of this article shall be held for any reason to be invalid, such determination shall not invalidate any other provision hereof.