A.
Erosion and sediment control inspection.
(1)
The Town Stormwater Management Officer may require such inspections
as necessary to determine compliance with this chapter and may either
approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this chapter
and the stormwater pollution prevention plan (SWPPP) as approved.
To obtain inspections, the applicant shall be required to notify the
Town Stormwater Management Officer at least 48 hours before any of
the following:
(a)
Installation of sediment and erosion control measures.
(b)
Start of construction.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the Stormwater Management Officer shall
notify the applicant and developer in writing of the nature of the
violation and the required corrective actions. No further work shall
be conducted, except for site stabilization, until any violations
are corrected and all work previously completed has received approval
by the Stormwater Management Officer.
B.
Stormwater management practice inspections.
(1)
The Town Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants
are required to submit as-built plans for any stormwater management
practices located on site after final construction is completed. The
plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
(2)
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.
(3)
The Town Stormwater Management Officer may require monitoring and
the submission of written reports from entities subject to this chapter
as are necessary to determine compliance with this chapter.
C.
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 the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 130-17B(2).
A.
Construction completion guarantee.
(1)
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 applicant or developer may be required to provide, prior to construction,
a written construction completion guarantee, in a form acceptable
to the Town Attorney, which guarantees satisfactory completion of
the project (hereinafter the "construction completion guarantee").
The construction completion guarantee shall be accompanied by security
in the form of cash escrow, irrevocable letter of credit, or certified
check drawn upon a national or state bank or other cash equivalent
and shall name the Town as the beneficiary. The security shall be
in an amount to be determined by the Town based on submission of final
design plans, with reference to actual construction and landscaping
costs.
(2)
The construction completion guarantee shall remain in force until
the applicant and/or developer is released from liability by the Town,
provided that such period shall not be less than one year from the
date of final acceptance or such other certification that the facility(ies)
has(have) been constructed in accordance with the approved plans and
specifications and that a one-year inspection has been conducted and
the facilities have been found to be acceptable to the Town. Per annum
interest on cash escrow deposits shall be reinvested in the account
until the applicant and/or developer is released from liability.
(3)
If the Town shall exercise its right to require the applicant or
developer to post a construction completion guarantee, pursuant to
this section, the applicant or developer shall also be required to
provide an easement granting the Town the right to access the facility
at a reasonable time for the purpose of conducting the one-year inspection
provided by this subsection. The easement shall not confer unto the
Town any duty or obligation to fix or maintain the facility, and further,
the Town's acceptance of any easement rights pursuant to this
chapter shall not be deemed as the acceptance of any duty or obligation
to fix or maintain the facility.
B.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Town with an irrevocable letter of credit
from an approved financial institution to ensure proper operation
and maintenance of all stormwater management and erosion control facilities
both during and after construction and until the facilities are removed
from operation. If the developer or landowner fails to properly operate
and maintain stormwater management and erosion and sediment control
facilities, the Town has the right, but not the obligation, to draw
upon the letter of credit to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Town may require entities subject to this chapter
to maintain records demonstrating compliance with this chapter.
D.
Failure to complete improvements.
(1)
Where the Town does not require a guarantee to be filed pursuant to § 130-18A. If all required improvements are not completed within the period specified by the applicable board in the resolution of approval for the subject land development activity, such approval shall be deemed to have expired, unless, upon request of the applicant or developer, the period has been extended by resolution of the applicable board. If the applicant or developer fails to request an extension of the period, the applicant or developer shall be deemed to be in violation of this chapter and shall be subject to the penalties provided by § 130-19.
(2)
Where the Town does require a guarantee to be filed pursuant to § 130-18A. If all required improvements are not completed within the term specified by the applicable board in the resolution of approval for the subject land development activity and as set forth in the filed guarantee, and if no application for the extension of such period has been made by the applicant or developer and approved by the applicable board, the Town Board may, in its sole discretion, declare said guarantee to be in default and collect the sum remaining payable thereunder out of the letter of credit or other allowable security, and upon receipt of the proceeds thereof, the Town shall install such improvements as are covered by the guarantee and are commensurate with the extent of land development that has taken place but not exceeding, in cost, the amount of such proceeds.
A.
Notice of violation. 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.
(6)
A statement that the determination of violation may be appealed to
Town Board by filing a written notice of appeal within 15 days of
service of notice of violation.
B.
Stop-work orders. 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, except those activities that
directly remedy 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.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
Indemnification of Town. If the New York State Department of Environmental
Conservation (DEC) shall serve a notice of violation upon the Town,
bring an administrative complaint against the Town, and/or commence
a civil suit against the Town due to a violation of the SPDES general
permit for stormwater discharges from municipal separate stormwater
sewer systems GP-02-02, and such notice of violation, administrative
complaint, or civil suit is a result of, due to, a consequence of,
or the outcome of the actions of a person who has violated the provisions
of this chapter, then said person shall indemnify the Town for any
and all fines, damages or penalties imposed by the DEC upon the Town.
E.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
F.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer may prevent the occupancy
of said building or land.
G.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition or, in the alternative and at the sole
discretion of the Town, to a condition that sufficiently cures the
violation. 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.
A.
The Town may require any person undertaking land development activities
regulated by this chapter to pay reasonable costs at prevailing rates
for review of SWPPPs, inspections, or SMP maintenance performed by
the Town or performed by private engineers, attorneys or other consultants
for the Town.
B.
The landowner and applicant/developer, if different, shall be jointly
and severally responsible to reimburse the Town for funds expended
to compensate for services rendered to the Town under this subsection.
In the event of failure to reimburse the Town for such fees, the Town
may seek recovery in the manner provided within § 150-98D(1)
or (2).
