[HISTORY: Adopted by the Town Board of the Town of Highlands 4-12-2010 by L.L. No.
1-2010. Amendments noted where applicable.]
It is hereby determined that:
A.
Land development activities and associated increases in site imperviousness
may 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 waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species, and may cause property damage;
C.
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.
Improper design and construction of stormwater management practices
and measures 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.
Economic losses can result from adverse impacts on stormwater quantity
and velocity and on the waters;
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 is in the public interest and will help to reduce threats
to public health and safety; and
I.
Regulation of land development activities by means of standards governing
stormwater management and site design is intended to regulate development
such that it is 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.
The purpose of this chapter 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 findings set forth in § 164-1 hereof. This chapter attempts to meet these goals by seeking to achieve the following objectives:
A.
Meet the minimum requirements for control of construction site and
postconstruction runoff of the New York State SPDES General Permit
for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s), Permit No. GP-02-02, as amended or revised;
B.
Require land development activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-02-01, as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature
and streambank erosion, and to maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
F.
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.
In accordance with the Municipal Home Rule Law of the State
of New York, the Town of Highlands Town Board has the authority to
enact and amend local laws for the purpose of promoting the health,
safety or general welfare of the Town of Highlands and for the protection
and enhancement of its physical environment. The Town Board may include
in any such local law provisions for the appointment of any municipal
officer, employee or independent contractor to effectuate, administer
and enforce such local law.
A.
This chapter shall be applicable to all land development activities as defined in § 164-6 of this chapter.
B.
The Town shall designate a Stormwater Management Administrator, who
shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board(s). The Stormwater
Management Administrator may:
(1)
Review the plans;
(2)
Upon approval by the reviewing board, engage the services of a professional
engineer to review the plans, specifications and related documents;
and/or
(3)
Accept the certification of a New York State licensed professional
engineer that the plans conform to the requirements of this chapter
and other applicable laws and regulations.
C.
All land development activities subject to review and decision by
the applicable municipal board shall be reviewed pursuant to the standards
contained in this chapter, and other applicable laws and regulations.
D.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of this chapter shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 164-6 through 164-12 of this chapter. The approved preliminary subdivision plat shall be consistent with the provisions of this chapter.
E.
A stormwater pollution prevention plan consistent with the requirements of this chapter and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 164-6 through 164-12 of this chapter. The approved final subdivision plat shall be consistent with the provisions of this chapter.
F.
A stormwater pollution prevention plan consistent with the requirements of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in §§ 164-6 through 164-12 of this chapter. The approved site plan shall be consistent with the provisions of this chapter.
The following activities may be exempt from review under this
chapter:
A.
Agricultural activity as defined in this chapter.
B.
Alteration or maintenance of an existing structure which will not
have an impact on the quantity or quality of the surface water discharge
from the site.
C.
Routine maintenance activities that disturb less than one acre of
land and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.
Repair to any stormwater management practice or facility deemed necessary
by the Building Inspector, Engineer or other person designated by
the Town Board.
E.
Land development activity that received approval by the Town Planning
Board prior to the effective date of this chapter. However, said activity
shall not be exempt from compliance with applicable state laws or
regulations governing stormwater management and control.
F.
Land development activity for which a building permit has been approved
prior to the effective date of this chapter. However, said activity
shall not be exempt from compliance with applicable state laws or
regulations governing stormwater management and control.
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
structure, provided that such activities do not disturb one acre or
more of land.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meanings as set forth in this section.
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.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal or property.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover, including
ground cover, shrubs, brush and trees.
The appropriation of property by its owner for general public
use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Design Manual, most recent
version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation, filling or regrading or leveling of soil or rock
material, including the resulting conditions thereof.
Those surface improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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.
The process of percolating stormwater into the subsoil.
An area that has been or may be determined to be a federal
wetland; a New York State mapped wetland; or an area that is inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support a vegetation typically adapted for life in saturated
soil conditions, commonly known as "hydrophytic vegetation."
Construction activity, including but not limited to clearing,
grading, excavating, blasting, soil disturbance or placement of fill,
that results in disturbance of one or more acres of land, or activity
that disturbs less than one acre of land area that is part of a common
plan of development or sale which will or has disturbed one or more
acres of land, even though multiple separate and distinct land development
activities may take place at different times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, the developer, or any other
person holding proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
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.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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 by the NYS DEC or Stormwater Management
Administrator as a cause of impairment of any water body that will
receive a discharge from the land development activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special concern species.
A permit under the New York Sate Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
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 specific stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
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.
The use of structural or nonstructural practices and measures
that are designed to reduce stormwater runoff and mitigate its adverse
impacts on property, natural resources and the environment.
The Building Inspector, Town's Engineer or other person designated
by the Town Board to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect
stormwater management practices.
One or a series of stormwater management practices and measures
installed and operated for the purpose of controlling stormwater runoff.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation,
including snow melt.
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.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain system.
A.
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall receive approval
until the appropriate board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this
chapter.
B.
Contents of stormwater pollution prevention plans. 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 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 discharge(s) (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;
(5)
Description of the pollution prevention measures that will be used
to prevent litter, construction chemicals and construction 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 close-out;
(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, materials 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 shall remain in place;
(12)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(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; and
(17)
Additional information if requested by the Stormwater Management
Administrator.
C.
Land development activities as defined herein and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection D below, as applicable:
(1)
Condition A: stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
Department's 303(d) list of impaired waters or a total maximum daily
load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land development activities disturbing
five or more acres.
(3)
Condition C: stormwater runoff from land development activity disturbing
between one acre 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.
SWPPP requirements for Conditions A, B and C:
(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)
Comparison of postdevelopment stormwater runoff conditions with predevelopment
conditions;
(5)
Dimensions, material specifications and installation details for
each postconstruction stormwater management practice;
(6)
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice;
(7)
Maintenance easements 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
E.
Plan certification. The SWPPP shall be prepared by a New York State
licensed professional engineer and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meets the requirements in this chapter.
F.
Other environmental permits. 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.
Contractor certification.
(1)
Each contractor and 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."
(2)
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
(3)
The certification statement(s) 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.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. 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. These documents
are on file in the Town Hall and the Building Department.
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Water quality standards. No land development activity may cause an
increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the State of New York.
A.
Maintenance during construction.
(1)
The applicant and developer of the land development activity shall
at all times properly construct, operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which
are installed or used by the applicant or developer. Sediment shall
be removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
(2)
The applicant or developer or representative identified in the SWPPP
shall be on site at all times when land development activity takes
place and shall inspect and document the effectiveness of all erosion
and sediment control practices. Inspection reports shall be completed
every seven days, in addition, and within 24 hours of any storm event
producing 0.5 inch of precipitation or more. The reports shall be
delivered to the Stormwater Management Administrator and to the Town
Engineer, and copies shall be filed in the site log book.
B.
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement declaration
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town and
its agents to determine whether 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.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices shall be responsible for insuring
that said practices are operated and maintained in compliance with
the SWPPP and all other conditions of approval. Proper operation and
maintenance also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all 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)
Monitoring to assure that discharges from the SMPs shall not exceed
design criteria or cause or contribute to water quality standard violations.
D.
Maintenance declarations. The property owner shall execute a formal
maintenance declaration for stormwater management facilities binding
on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property prior to final plan approval.
The maintenance declaration shall be consistent with the terms and
conditions of Schedule 1[1] annexed as part of this chapter, entitled "Sample Stormwater
Management Facility Maintenance Declaration." The terms and conditions
of the stormwater management facility maintenance declaration may
be amended from time to time by resolution of the Town Board. The
Town, at its sole discretion, may accept dedication of any existing
or future stormwater management facility, provided that 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.
[1]
Editor's Note: The Sample Stormwater Control Facility Maintenance
Declaration is on file in the Town offices.
A.
Construction inspections.
(1)
Erosion and sediment control inspection.
(a)
The Town of Highlands may require such inspections as necessary
to determine compliance with this chapter and may either approve that
portion of the work completed or notify the applicant wherein the
work fails to comply with the requirements of this chapter and the
stormwater pollution prevention plan (SWPPP) as approved. To obtain
inspections, the applicant shall notify the Town of Highlands enforcement
official at least 48 hours before any of the following:
[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.
[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 all violations are corrected and all work
previously completed has received approval by the Stormwater Management
Administrator.
(2)
Stormwater management practice inspections. The Town of Highlands
Stormwater Management Administrator is authorized to conduct inspections
of stormwater management practices (SMPs). All applicants are required
to submit "as built" plans for any permanent stormwater management
practices constructed or located on site and/or off site. The plan
must also show the final design specifications for all stormwater
management facilities, which specifications must be prepared by and
certified to by a professional engineer.
B.
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including but
not limited to routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher than typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher than usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include but are not
limited to reviewing maintenance and repair records; sampling discharges;
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
C.
Submission of reports. The Stormwater Management Administrator may
require monitoring and reporting from entities subject to this chapter
as are necessary to determine compliance with this chapter.
D.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Highlands, its officers, employees and agents, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B above.
E.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Town of Highlands
in its approval of the stormwater pollution prevention plan, the Town
of Highlands shall require the applicant or developer to provide,
prior to construction, a cash escrow, or irrevocable letter of credit
from an appropriate financial or surety institution which guarantees
satisfactory completion of the project and names the Town of Highlands
as the beneficiary. The security shall be in an amount to be determined
by the Town Engineer of the Town of Highlands based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Town of Highlands, provided that
such period acceptance or such other certification that the facility(ies)
has been constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the facilities
have been found to be acceptable to the Town of Highlands.
(2)
Operation and maintenance guarantee. The developer, prior to construction,
shall be required to provide the Town of Highlands with an operation
and maintenance bond to ensure proper operation and maintenance of
all stormwater management and erosion control facilities, both during
and after construction. The amount of the bond shall be determined
by the Town Engineer. If the developer's successor(s) fail(s) to properly
operate and maintain stormwater management and/or erosion and sediment
control facilities, the Town, its officers, employees and agents,
may enter upon the property and perform any work necessary to facilitate
proper reconstruction, operation and/or maintenance of the facilities,
and may draw upon the account of the bond to cover all such costs,
including legal, engineering and inspection costs. The maintenance
provisions in the bond shall cover the estimated cost of properly
maintaining the system for five years after completion of construction.
F.
Recordkeeping. The Town of Highlands shall require entities subject
to this chapter to maintain records demonstrating compliance with
the regulations of this chapter.
A.
This article shall be enforced by the Stormwater Management Administrator,
with the assistance of the Town Engineer if the Administrator deems
same to be necessary. The Stormwater Management Administrator is authorized
to issue and serve appearance tickets in connection with violations
of this chapter.
B.
It shall be a violation of this article if any land development activity
or any other disturbance of land does not fully comply with the requirements
of this chapter, or with the terms or provisions of the SWPPP, or
with any lawful order or notice issued by the Stormwater Management
Administrator.
C.
Notice of violation. If the Town determines that a violation has
occurred, the Stormwater Management Administrator shall issue a written
notice of violation. 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; and
(5)
A statement of the penalty or penalties that may be assessed against
the person(s) to whom the notice of violation is directed.
D.
Stop-work orders. The Stormwater Management Administrator may issue
a stop-work order for violations of this chapter. Persons receiving
a stop-work order shall be required to halt all land development activities,
except those permitted activities that remedy the violation(s) causing
issuance of the stop-work order. The stop-work order shall be in effect
until the Stormwater Management Administrator confirms that the land
development activity is in compliance and the violation has been satisfactorily
addressed. Failure to remedy 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.
E.
Violations and 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 article
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed 15 days, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed 15 days, or both; and upon conviction for a
third or subsequent offense, all of which were committed within a
period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. Each week's continued violation shall constitute a separate
additional violation.
(2)
Civil penalties.
(a)
In addition to and not in lieu of the above, any person who
violates any provision of this chapter or who builds or alters any
structure or use of land in violation of any statement or plan submitted
and approved thereunder, or who assists therein, shall be liable to
the Town for a civil penalty in an amount not to exceed $350 for a
first violation; in an amount not less than $350 nor more than $700
for a second violation committed within a period of five years of
the first violation; and in an amount of not less than $700 nor more
than $1,000 for a third and each subsequent violation committed within
a period of five years of the first violation. Each week's continued
violation shall constitute a separate additional violation.
(b)
Civil penalties may be ordered in any action or proceeding by
any court of competent jurisdiction, including but not limited to
state and federal courts. All penalties shall be paid to the Town.
(c)
The judgment amount of any civil penalty ordered pursuant to
this section, if not paid, may be assessed and levied against the
real property which is the subject of the penalty and collected in
the same manner as a real property tax.
(3)
In addition to and not in lieu of the remedies authorized above,
the Town Board or the enforcement officer may institute any appropriate
action or proceeding to prevent, restrain, enjoin, correct or abate
any violation or threatened violation of this chapter or to enforce
any provision of this chapter.
(4)
In addition to and not in lieu of the remedies authorized above,
where a violation of this chapter may cause injury or damage to public
or private property or to the public interest or environment or may
cause, in whole or in part, noncompliance by the Town with stormwater
or erosion control requirements, then, after due notice and opportunity
to be heard is given the violator, the Town, its officers, employees
and agents, shall have the authority to enter upon private property
and take necessary corrective and restorative action to remedy such
violation. All costs of such Town action, including but not limited
to corrective, engineering, legal and administrative costs, shall
be billed to the owner of the property. It not paid, such costs may
be assessed and levied against the property and collected in the same
manner as real property tax. In the event of an emergency, the Town
shall be authorized to enter upon the property and take action without
notice to the property owner or opportunity for said owner to be heard.
F.
Withholding of certificate of occupancy. If any building is built
or any land development activity is conducted in violation of this
chapter, no certificate of occupancy shall be issued and no building
or land shall be occupied.
G.
Restoration of lands. Any violator of this chapter may be required
to restore land to its undisturbed or prior condition. In the event
that restoration is not undertaken within 60 consecutive calendar
days after notice and opportunity to be heard, the Town, its officers,
employees and agents, shall have the authority to enter upon the private
property and take necessary corrective and restorative action to remedy
violations of this chapter. All costs of such Town action, including
but not limited to corrective, engineering, legal and administrative
costs, shall be billed to the owner of the property. If not paid,
such costs may be assessed and levied against the property and collected
in the same manner as real property taxes.
The Town of Highlands may require any person undertaking land
development activities regulated by this chapter to reimburse to the
Town the Town's reasonable costs for review of SWPPPs, preparation
of estimates of guaranty amounts, inspections, administrative work,
or SMP maintenance performed by or on behalf of the Town.
The purpose of this article is to provide for the health, safety
and general welfare of the citizens of the Town of Highlands 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. The objectives of this article are:
A.
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B.
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.
To prohibit illicit connections, activities and discharges to the
MS4;
D.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article and impose penalties and remedies for noncompliance; and
E.
To promote public awareness of the 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.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
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 Department
as required by Section 303(d) of the Clean Water Act. 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.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any amendments thereto.
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 in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating
and demolition.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
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 present or potential hazard to human health, safety,
property or the environment when improperly treated, stored, transported,
disposed of or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater discharge including
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; and/or
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.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 164-18 of this article.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring authorization under the SPDES permit
for discharges from industrial activities except construction, GP-98-03,
as amended or revised.
The Town of Highlands.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or occupant of premises, or as the owner's or occupant's
agent.
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.
Any building, lot, parcel of land or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards. The condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their 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
municipality must take all necessary actions to ensure future discharges
do not cause or contribute to a violation of water quality standards.
303(d) listed waters. The condition in the municipality'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.
Total maximum daily load (TMDL) strategy. The condition in the
municipality's MS4 permit where a TMDL, including requirements for
control of stormwater discharges, has been approved by 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 municipality was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by EPA for any water body or watershed
into which an MS4 discharges. Under this condition the municipality
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 municipality 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.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Building Inspector, Engineer or other person designated
by the Town Board to enforce this chapter. The SMA may also be designated
by the municipality to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect
stormwater management practices.
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.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Stormwater Management Administrator(s) [SMA(s)] shall administer,
implement and enforce the provisions of this article. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the SMA as may be authorized by the
Town Board.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence or paragraph of this article or
the application thereof to any person, establishment or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1) through (4) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article, unless the Department or the Town has determined
them to be substantial contributors of pollutants: water line flushing
or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains, crawl space or basement sump pumps,
air-conditioning condensate, irrigation water, springs, water from
individual residential car washing, natural riparian habitat or wetland
flows, dechlorinated swimming pool discharges, residential street
wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be
made in accordance with an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the SMA to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with applicable laws and requirements,
and further provided that such discharges may be permitted for a specified
time period and under such conditions as the SMA 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 a verbal notification to the
SMA 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 Department, 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.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 is prohibited.
(2)
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.
(3)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the municipality's MS4,
or allows such a connection to continue.
No person shall operate a failing individual sewage treatment
system in areas tributary to the municipality's MS4. A failing individual
sewage treatment system is one which has one or more of the following
conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the ground surface.
C.
A connection or connections to a separate stormwater sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any component of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F.
Contamination of off-site groundwater.
A.
Activities that are subject to the requirements of this section are
those types of activities that:
B.
Such activities include prohibited discharges or connections and failing individual sewage treatment systems as defined in § 164-19, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the municipality's MS4 SPDES
permit authorization, that person shall take all reasonable actions
(as determined or approved by the SMA) to correct such activities
such that he or she no longer causes or contributes to violations
of the municipality's MS4 SPDES permit authorization.
A.
Best management practices. Where the SMA has identified illicit discharges as defined in § 164-14 or activities contaminating stormwater as defined in § 164-20, 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 that is, or may be, the source of an illicit discharge as defined in § 164-14 or an activity contaminating stormwater as defined in § 164-20 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutants 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.
Individual sewage treatment systems response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 164-14 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems as follows:
(a)
Inspect the septic tank annually to determine scum and sludge
accumulation; septic tanks must be pumped out whenever the bottom
of the scum layer is within three inches of the bottom of the outlet
baffle or sanitary tee or the top of the sludge is within 10 inches
of the bottom of the outlet baffle or sanitary tee; inspection of
the tank for cracks, leaks and blockages shall be done by the septage
hauler at the time of pumping of the tank contents;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of detergents, kitchen
wastes, laundry wastes and household chemicals; and
(d)
Avoid the disposal of cigarette butts, disposable diapers, sanitary
napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems as follows:
(a)
In accordance with 10 NYCRR Appendix 75A to the maximum extent
practicable.
(b)
A design professional licensed to practice in New York State
shall prepare design plans for any type of absorption field that involves:
(c)
A written certificate of compliance shall be submitted by the
design professional to the municipality at the completion of construction
of the repair or replacement system.
A.
The SMA 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 SMA 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 a suspension order, issued in an emergency,
the SMA may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this article
may have his or her MS4 access terminated if such termination would
abate or reduce an illicit discharge. The SMA will notify a violator
in writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the SMA for a reconsideration
and hearing. Access may be granted by the SMA 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 SMA determines
in writing that the illicit discharge has not ceased or is likely
to recur. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this section, without the
prior approval of the SMA.
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 municipality prior to the allowing or
continuance of discharges to the MS4.
A.
Applicability. This section applies to all facilities that the SMA
determines necessary to 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 SMA 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 SMA.
(2)
Facility operators shall allow the SMA 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.
(3)
The municipality shall have the right to set up on any facility subject
to this article such devices as are necessary in the opinion of the
SMA to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The municipality has the right to require the facilities subject
to this article to install monitoring equipment as is reasonably necessary
(and subject to approval by the SMA) 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.
(5)
Unreasonable delays in allowing the municipality access to a facility
subject to this article is a violation of this article. A person who
is the operator of a facility subject to this article commits an offense
if the person denies the municipality reasonable access to the facility
for the purpose of conducting any activity authorized, or required
by this article.
(6)
If the SMA 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 SMA may seek
issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, 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 illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment
and cleanup of such release. In the event of such a release of hazardous
materials said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Town 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 Town within
three business days of the telephone notice. 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.
A.
Notice of violation. When the Town's SMA finds that a person has
violated a prohibition or failed to meet a requirement of this chapter
or failed to comply with a permit or approval condition related to
the subject matter of this chapter (all deemed a "violation" of this
chapter), he/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 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 and the environment;
(4)
The performance of monitoring, analyses and reporting;
(5)
Payment of a fine and/or civil monetary penalty; and
(6)
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property or the environment
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 a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator, and, if unpaid, said amount may be assessed and levied
as a lien against the violator's premises and collected in the same
manner as a real property tax.
B.
Penalties.
(1)
In addition to or as an alternative to any penalty provided herein
or by law, any person who violates this article shall be guilty of
a violation punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense; for conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed
15 days, or both; and upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. Each week's continued
violation shall constitute a separate additional violation.
(2)
Civil penalties.
(a)
In addition to and not in lieu of the above, any person who
violates this chapter shall be liable to the Town for a civil penalty
in an amount not to exceed $350 for a first violation; in an amount
not less than $350 nor more than $700 for a second violation committed
within a period of five years of the first violation; and in an amount
of not less than $700 nor more than $1,000 for a third and each subsequent
violation committed within a period of five years of the first violation.
Each week's continued violation shall constitute a separate additional
violation.
(b)
Civil penalties may be ordered in any action or proceeding by
any court of competent jurisdiction, including but not limited to
state and federal courts. All penalties shall be paid to the Town.
(c)
The judgment amount of any civil penalty ordered pursuant to
this section, if not paid, may be assessed and levied against the
real property which is the subject of the penalty and collected in
the same manner as a real property tax.
(3)
In addition to and not in lieu of the remedies authorized above,
the SMA or the Town Board may institute any appropriate action or
proceeding to prevent, restrain, enjoin, correct or abate any violation
or threatened violation or to enforce any provision of this chapter.
A.
Any person receiving a notice of violation may appeal the determination
of the SMA to the Town Board within 15 days of its issuance, which
shall hear the appeal within 30 days after the filing of the appeal,
and within five days of making its decision, file its decision in
the office of the Town Clerk and mail a copy of its decision by certified
mail to the appellant. Any person aggrieved by the decision of the
Town Board may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules. Such proceeding
must be commenced within 30 days after the decision is filed in the
Town Clerk's office or shall be time-barred.
B.
The appeal of a notice of violation shall stay an order contained
in the notice of violation issued by the SMA, unless the SMA determines
in writing that a stay of the order, or portion thereof, would cause
undue harm to a person, property, equipment, the environment or the
Town's storm sewer system. In such case, an appeal shall not stay
the SMA's order.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within five business days of the decision of the municipal authority
upholding the decision of the SMA, then the SMA shall have authority
to 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 SMA 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 SMA may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property.
C.
The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger and may be collected in the same manner as set forth in § 164-26A(6).
It shall be a violation of this article for any person to violate
any provision or fail to comply with any of the requirements of this
article or fail to comply with a permit or approval condition related
to the subject matter of this article. If a person has violated or
continues to violate the provisions of this article, the SMA 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.
A.
Where a person has violated a provision of this article, he/she may
be eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the Town Attorney and concurrence of the SMA, where:
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.
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.