Village of Old Westbury, NY Stormwater Management

It is the intent of this article to adopt a stormwater management and erosion and sediment control law that will satisfy the relevant part of the Phase II stormwater regulations adopted by the DEC.

§ 178-2 Definitions; word usage.

For the purposes of this article, certain terms and words are hereby defined. Words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular; the word "shall" is mandatory. Notwithstanding some references for definitional purposes to the Village Code, the omission of such references in other instances shall not be taken as an intent not to use such definitions for specific terms that are not defined in this section and are defined elsewhere in this Code when it is deemed by the Building Inspector or any other official, board, or committee of the Village to be appropriate to do so.

As used in this article, the following terms shall have the meanings indicated:

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

A property owner or agent of a property owner who has filed an application for a land development activity.

BUILDING

Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

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.

DEC

The New York State Department of Environmental Conservation.

DEDICATION

The deliberate appropriation of property by its owner for general public use.

DESIGN MANUAL

The state Stormwater Management Design Manual, most recent version, including applicable updates, which serves as the official guide for stormwater management principles, methods and practices.

DEVELOPER

A person who undertakes land development activities.

EPA

The United States Environmental Protection Agency.

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."

GRADING

Excavation or fill of material, including the resulting conditions thereof.

IMPERVIOUS COVER

Those surfaces, improvements, and structures that allow little or no penetration of runoff (from precipitation) into the soil (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

INDUSTRIAL STORMWATER PERMIT

An SPDES 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 by which water seeps into the soil.

JURISDICTIONAL WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

LAND DEVELOPMENT ACTIVITY

Construction activity, including, but not limited to, clearing, grading, excavating, soil disturbance, and placement of fill, that results in land disturbance of at least one acre, or an activity disturbing less than one acre of total land area that is part of a larger common plan of development or sale, which, in the aggregate, results in land disturbance equal to or greater than one acre, even though multiple separate and distinct land development activities may take place at different times or 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 document legally recorded in the office of the Nassau County Clerk that acts as a property deed restriction and which provides for long-term maintenance of stormwater management practices.

MS4s

Municipal separate stormwater sewer systems.

NONPOINT SOURCE POLLUTION

Pollution from any source other than from any discernible, confined, and discrete conveyances (such as a pipe, channel, ditch, sluice, stream, etc.), and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal, salt water intrusion and urban runoff sources.

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 underground water reserves.

SEDIMENT CONTROL

Measures that prevent eroded sediment from leaving the site.

SENSITIVE AREAS

Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and/or other habitats for threatened, endangered, or special concern species.

SMO

The Stormwater Management Officer.

SMPs

Stormwater management practices.

SPDES

State Pollutant Discharge Elimination System.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01

A DEC SPDES permit 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 DEC SPDES permit 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.

STATE

The State of New York.

STOP-WORK ORDER

An order issued which requires that all, or a specified portion thereof, 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

The Building Inspector, or his designee, as the designated officer of the Village to accept and review stormwater pollution prevention plans, forward the plans to the applicable Village board or committee and inspect stormwater management practices.

STORMWATER MANAGEMENT PRACTICES

Measures, either structural, nonstructural, or a combination of the two, 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

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.

STRUCTURE

As defined in the Village Code, § 216-4.

SURFACE WATERS OF THE STATE

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 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 undergroundwaters), 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 surface waters of the state. The said 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.

SWPPP

Stormwater pollution prevention plan.

WATERCOURSE

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERWAY

A channel that directs surface runoff to a watercourse or to the public storm drain.

§ 178-3 Findings of fact.

It is hereby determined that:

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;

This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species;

Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;

Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation;

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;

Substantial economic losses can result from these adverse impacts on the waters of the Village;

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;

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;

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.

§ 178-4 Purpose.

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 the Village and to address the findings of fact in this article. This article seeks to meet those purposes by achieving the following objectives:

Meet the requirements of minimum measures 4 and 5 of the SPDES general permit for stormwater discharges from MS4s, Permit No. GP-02-02, as amended or revised;

Require land development activities to conform to the substantive requirements of SPDES general permit for construction activities GP-02-01, as amended or revised;

Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

Minimize the total annual volume of stormwater runoff which flows from any specific site during or following development to the maximum extent practicable; and

Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices, and ensure that these management practices are properly maintained and eliminate threats to public safety.

§ 178-5 Statutory authority.

In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Village Board of Trustees has the authority to enact articles and amend articles and for the purpose of promoting the health, safety or general welfare of the Village and for the protection and enhancement of its physical environment. The Village Board of Trustees may include in any such article provisions the appointment of any municipal officer, employees, or independent contractor to effectuate, administer, and enforce such article.

§ 178-6 Applicability; acceptance and review of SWPPPs by SMO.

This article shall be applicable to all land development activities.

The SMO shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable Village board. The SMO may either:

(1)

Review the plans;

(2)

Upon approval by the Board of Trustees, engage the services of a registered professional engineer to review the plans, specifications, and related documents at a cost not to exceed a fee schedule established by the Board of Trustees; or

(3)

Accept the certification of a licensed professional that the plans conform to the requirements of this article.

All land development activities subject to review and approval by any board of the Village shall be reviewed by such board subject to the standards contained in this article.

All land development activities not subject to review as stated in Subsection C above shall be required to submit an SWPPP to the SMO who shall approve the SWPPP if it complies with the requirements of this article.

§ 178-7 Exemptions.

The following activities are exempt from this article.

Agricultural activity as defined in this article.

Silvicultural activity, except for landing areas and haul roads which are subject to this article.

Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

Repairs to any stormwater management practice or facility deemed necessary by the SMO.

Subdivision regulation pursuant to §§ 185-47C and 185-49D(8), if a plat for the subdivision has been finally approved by the Village Planning Board on or before the effective date of this article.

Land development activities for which a building permit has been approved on or before the effective date of this article.

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

Emergency activity immediately necessary to protect life, property or natural resources.

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.

Landscaping and horticultural activities in connection with an existing structure.

§ 178-8 Stormwater pollution prevention plans.

SWPPP requirement. No application for approval of a land development activity shall be issued until the appropriate board has received an SWPPP prepared in accordance with the specifications in this article.

Contents of SWPPP.

(1)

All SWPPPs shall provide the following background information and erosion and sediment controls:

(a)

Background information about the scope of the project, including location, type and size of project;

(b)

Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should 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 should be at a scale no smaller than one inch equals 100 feet;

(c)

A description of the soil(s) present at the site;

(d)

A 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 Erosion Control Manual, not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.

(e)

A description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

(f)

A 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;

(g)

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;

(h)

A site map/construction drawing(s) specifying the location(s), size(s) and duration of each erosion and sediment control practice;

(i)

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and size of any temporary sediment basins;

(j)

Temporary practices that will be converted to permanent control measures;

(k)

An implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and the duration that each practice should remain in place;

(l)

A maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(m)

Name(s) of the receiving water(s);

(n)

A delineation of SWPPP implementation responsibilities for each part of the site;

(o)

A 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; and

(p)

Any existing data that describes the stormwater runoff at the site.

(2)

Land development activities meeting Condition A, B, or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth below as applicable:

(a)

Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either impaired water identified on the DEC's 303(d) list of impaired waters, or such superseding list as may be prepared by the DEC, or a total maximum daily load designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

(b)

Condition B: stormwater runoff from land development activities disturbing five or more acres.

(c)

Condition C: stormwater runoff from land development activity disturbing at least one but less than five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

(3)

SWPPP requirements for Conditions A, B and C:

(a)

All information in Subsection B of this section.

(b)

A description of each postconstruction stormwater management practice.

(c)

Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.

(d)

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

(e)

A comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.

(f)

Dimensions, material specifications, and installation details for each postconstruction stormwater management practice.

(g)

A maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.

(h)

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.

(i)

An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 178-10 of this article.

(j)

For Condition A, the SWPPP shall be prepared by a certified professional or professional engineer and must be signed by the professional who prepared the plan, who must certify that the design of all stormwater management practices meets the requirements of this article.

Plan certification. The SWPPP shall be prepared by a certified erosion control professional or 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 article.

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.

Contractor certification.

(1)

Each contractor and subcontractor identified in the SWPPP 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.

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.

§ 178-9 Performance and design criteria.

All land development activities shall be subject to the following performance and design criteria:

Technical standards. For the purpose of this article, 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 those technical documents shall be presumed to meet the standards imposed by this article:

(1)

The Design Manual.

(2)

The Erosion Control Manual.

Equivalence to technical standards. Where stormwater management practices are not in accordance with the technical standards, the applicant or developer must demonstrate equivalence to the technical standards above (Subsection A) and the SWPPP shall be prepared by a licensed professional.

Water quality standards. 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.

§ 178-10 Maintenance, inspection and repair of stormwater facilities.

Maintenance and inspection during construction.

(1)

The 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 article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

(2)

For land development activities that meet Condition A, B or C, the applicant or developer shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site logbook.

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 agreement 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 Village to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. The easement shall be recorded by the grantor in the office of the Clerk of the County of Nassau after approval by counsel for the Village.

Maintenance after construction. Permanent stormwater management practices installed in accordance with this article shall be operated and maintained by the owner or operator to achieve the goals of this article. 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 article.

(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 § 178-9 of this article.

Maintenance agreements. The Village shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Clerk of the County of Nassau as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of this article. The Village, in lieu of a maintenance agreement, 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 article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

§ 178-11 Construction inspection.

Erosion and sediment control inspection.

(1)

The SMO may require such inspections as he deems necessary to determine compliance with this article 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 article and the SWPPP as approved. To obtain inspections, the applicant shall notify the SMO at least 48 hours before any of the following and/or as otherwise required by the SMO:

(a)

Start of construction.

(b)

Installation of sediment and erosion control measures.

(c)

Completion of site clearing.

(d)

Completion of rough grading.

(e)

Completion of final grading.

(f)

Close of the construction season.

(g)

Completion of final landscaping.

(h)

Successful establishment of landscaping in public areas.

(2)

If any violations are found, the applicant and 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 SMO.

Stormwater management practice inspections. The SMO is responsible for conducting inspections of SMPs. All applicants are required to submit as-built plans for any SMPs 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.

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; inspections 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 SMPs. Inspections may be performed by Village staff, or the Village may designate an inspector required to have a professional engineer's (PE) license or certified professional in erosion and sediment control (CPESC) certificate, as long as the designated inspector is required to submit a report.

Submission of reports. The SMO may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.

Right of entry for inspection. To the maximum extent permitted by law, 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 Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B.

§ 178-12 Performance guarantee.

Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Village in its approval of the SWPPP, the Village may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit, in its discretion, from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Village as the beneficiary. The security shall be in an amount to be determined by the Village based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Village, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Village. Per annum interest on cash escrow deposits, if any, shall be reinvested in the account until the surety is released from liability.

Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Village with a cash escrow, a maintenance bond, or an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Village may draw upon the escrow, bond, or account from time to time, to cover the costs of proper operation and maintenance, including engineering and inspection costs. To the extent that such escrow, bond, or letter of credit, because of such draw, is no longer sufficient to ensure the proper operation and maintenance of the facilities, the Village may require an additional escrow, bond, or letter of credit.

Recordkeeping. The Village may require entities subject to this article to maintain records demonstrating compliance with this article.

§ 178-13 Fees for services.

The Village may require any person undertaking land development activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village or performed by a third party for the Village in accordance with such resolutions as may be adopted from time to time by the Board of Trustees.

§ 178-14 Enforcement; penalties for offenses.

Notice of violation. When the SMO, his designee, or other designee of the Board of Trustees determines that a land development activity is not being carried out in accordance with the requirements of this article, he 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 article and a time schedule for the completion of such remedial action.

(5)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.

(6)

A statement that the determination of violation may be appealed to the Village Building Commissioner by filing a written notice of appeal within 15 days of service of the notice of violation.

Stop-work orders. The Building Inspector, his designee, or other designee of the Board of Trustees may issue a stop-work order for violations of this article. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village 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 article.

Violations. Any land development activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise abated in a manner provided by law.

Penalties. 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 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. Violations of this article shall be deemed misdemeanors. Each week's continued violation shall constitute a separate additional violation, provided that an appropriate accusatory instrument is served.

Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article, the SMO may prohibit the occupancy of said building or land.

Restoration of lands. Any violator may be required to restore land to its undisturbed condition or to such other condition as shall best protect the property and the adjacent properties from the problems of erosion and sediment deposits off the land that may be required by virtue of the actions of the violator, all in the discretion of the SMO. In the event that restoration is not undertaken within a reasonable time after notice, the SMO may either:

(1)

Direct that the remediation and/or restoration work be performed with Village personnel and/or third-party contractors and the cost thereof shall constitute a lien, charge, and levy upon the real property whereupon the violation exists until it is paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer. Such charge shall include, among other things, administrative, legal, engineering and all other actual fees and expenses incurred by the Village and shall be collected in the same manner provided by law for the collection of delinquent taxes; or

(2)

Seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property, at the cost and expense, including those of the litigation and the fees of witnesses and attorneys, of the violator.

§ 178-15 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.

§ 178-16 Remedies not exclusive.

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

§ 178-17 Severability.

If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision, or clause of this article.

Article II Illicit Discharges, Activities and Connections to Separate Storm Sewer System

[Adopted 12-18-2006 by L.L. No. 2-2006]

§ 178-18 Intent.

It is the intent of this article to prohibit illicit discharges, activities, and connections to the Village separate storm sewer system (municipal separate storm sewer system or "MS4") that will satisfy the relevant part of the Phase II stormwater management requirements of the National Pollutant Discharge Elimination System regulations, administered by New York State through the State Pollutant Discharge Elimination System (SPDES) regulations, and to provide for the health, safety, and general welfare of the citizens of the Village through the regulation of nonstormwater discharges to the 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 MS4s.

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, 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 prohibit illicit connections, activities, and discharges to the MS4;

(4)

To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this article; and

(5)

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.

§ 178-19 Definitions; word usage.

As used in this article, the following terms shall have the meanings indicated:

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

An activity 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 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

DEC

The New York State Department of Environmental Conservation.

DESIGN PROFESSIONAL

A professional engineer or architect licensed by the state.

EPA

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 illegal discharge to enter the MS4, including but not limited to:

(1)

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; or

(2)

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 this article.

INDUSTRIAL ACTIVITY

An activity requiring an SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

(1)

Owned or operated by the Village;

(2)

Designed or used for collecting or conveying stormwater;

(3)

Which is not a combined sewer, and

(4)

Which is not part of a publicly owned treatment works, as defined at 40 CFR 122.2.

NONSTORMWATER DISCHARGE

Any discharge to the MS4 that is not composed entirely of stormwater.

NYCRR

New York Codes, Rules, and Regulations

PERSON

Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

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, industrial, municipal, or agricultural waste or ballast discharged into water, which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of pertinent standards promulgated by the federal government, the state, the Village or any other municipality or department thereof having legal jurisdiction to impose such standards.

PREMISES

Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

SMO

Stormwater Management Officer. See "stormwater management officer.

SPDES

State Pollutant Discharge Elimination System.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01

A DEC SPDES permit 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

SPDES STORMWATER DISCHARGE PERMIT

A permit issued by the DEC that authorizes the discharge of pollutants to waters of the state.

SPECIAL CONDITION

(1)

Discharge compliance with water quality standards. A condition that applies when the Village has been notified 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 Village must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.

(2)

303(d)-listed waters: A condition in the Village's MS4 permit that applies when 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.

(3)

Total maximum daily load strategy: a condition in the Village's MS4 permit where a total maximum daily load (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 Village was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

(4)

A condition in the Village'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 such condition, the Village 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 Village 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

The State of New York.

STORMWATER

Rainwater, surface runoff, snowmelt and drainage.

STORMWATER MANAGEMENT OFFICER (SMO)

The Building Inspector, or his designee, as the designated officer of the Village to enforce this article.

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; it is prepared periodically by the DEC as required by Section 303(d) of the Clean Water Act. The 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 two years.

TOTAL MAXIMUM DAILY LOAD (TMDL)

The maximum amount of a pollutant allowed to be released into a water body, so as not to impair uses of the water, allocated among the sources of that pollutant.

WASTEWATER

Water that is not stormwater, is contaminated with pollutants, and is or will be discarded.

§ 178-20 Applicability.

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

§ 178-21 Responsibility for administration.

The SMO shall administer, implement, and enforce the provisions of this article.

§ 178-22 Discharge and connection prohibitions; exemptions.

Prohibition of illicit discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater. The commencement, conduct, or continuance of any illegal discharge to the MS4 is prohibited, except as follows:

(1)

The following discharges are exempt from discharge prohibitions established by this article, unless the DEC or the Village has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation, 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 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 Village laws is an allowable discharge but requires a verbal 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 DEC, 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 DEC approval has been granted for any discharge to the MS4.

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 Village's MS4 or allows such a connection to continue.

§ 178-23 Prohibition against failing individual sewage treatment systems.

No persons shall operate a failing individual sewage treatment system in an area tributary to the Village's MS4. A failing individual sewage treatment system is one that has one or more of the following conditions:

The backup of sewage into a structure.

Discharges of treated or untreated sewage onto the ground surface.

A connection or connections to a separate stormwater sewer system.

Liquid level in the septic tank above the outlet invert.

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.

Contamination of off-site groundwater.

§ 178-24 Prohibition against activities contaminating stormwater.

The following activities are prohibited:

(1)

Those types of activities that cause or contribute to:

(a)

A violation of the Village's MS4 SPDES permit; and/or

(b)

The Village being subject to special conditions.

(2)

Such activities include:

(a)

Failing individual sewage treatment systems;

(b)

Improper management of pet waste; and

(c)

Any other activity that causes or contributes to a violation of the Village's MS4 SPDES permit authorization.

Upon notification to a person that such person is engaged in activities that cause or contribute to violations of the Village's MS4 SPDES permit authorization, such person shall immediately commence and continue thereafter with all due diligence all reasonable actions to correct such activities such that such person no longer causes or contributes to violations of the Village's MS4 SPDES permit authorization.

§ 178-25 Prevention, control, and reduction of stormwater pollutants by use of BMPs.

Best management practices.

(1)

Where the SMO has identified illicit discharges or activities contaminating stormwater, the Village may require implementation of BMPs to control those illicit discharges and activities.

(2)

The owner or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.

(3)

Any person responsible for a property or premises that is, or may be, the source of an illicit discharge or an activity contaminating stormwater 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.

(4)

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.

Individual sewage treatment systems.

(1)

Response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where an individual sewage treatment system is contributing to the Village's being subject to a special condition, the owner and operator of such individual sewage treatment system shall be required to:

(a)

Maintain and operate the individual sewage treatment system as follows:

[1]

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.

[2]

Avoid the use of septic tank additives.

[3]

Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals.

[4]

Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash, and other such items.

[5]

Most tanks should be pumped out every two to three years. However, pumping may be more or less frequent, depending on use. Inspection of the tank for cracks, leaks and blockages should be done by the septage hauler at the time of pumping of the tank contents.

(2)

Repair or replace individual sewage treatment systems as follows:

(a)

In accordance with 10 NYCRR Appendix 75A, as the same may be amended or superseded from time to time, to the maximum extent practicable.

(b)

A design professional shall prepare design plans for any type of absorption field that involves:

[1]

Relocating or extending an absorption area to a location not previously approved for such;

[2]

Installation of a new subsurface treatment system at the same location; or

[3]

Use of an alternate system or innovative system design or technology.

(c)

A written certification of compliance with the regulations shall be submitted by the design professional to the Village at the completion of construction of the repair or replacement system.

§ 178-26 Emergency situations.

Suspension of access to MS4. 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 and of the reasons for the suspension in writing within a reasonable time thereafter. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons.

Suspension due to the detection of illicit discharge. Any person discharging to the Village'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 reconsideration and a hearing. Access may be granted by the SMO, if the SMO finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied by the SMO if the SMO 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 a premises terminated pursuant to this subsection without the prior approval of the SMO.

§ 178-27 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 SMO prior to the allowance of discharges to the MS4.

§ 178-28 Access to and monitoring of discharges.

Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this article and wherever 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.

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 prior to 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 the copying of records as may be required by the SMO to implement this article.

(3)

The Village shall have the right to install, at 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.

(4)

The Village 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.

(5)

At all times, the facility's sampling and monitoring equipment shall be maintained by the discharger in a safe and proper operating condition at the discharger's own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(6)

Unreasonable delay in allowing the Village 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 Village reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.

(7)

If the SMO has been refused access to any part of the premises from which stormwater is discharged and the SMO 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 the Village Court or, at the SMO's option, any other court of competent jurisdiction.

§ 178-29 Notification of spills.

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 Village 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 Village within three business days of the in-person or telephone notice.

If the discharge of prohibited materials emanates from a commercial or industrial establishment, in addition to compliance with the provisions above, 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 and shall be made available to the SMO.

§ 178-30 Enforcement; penalties for offenses.

Notice of violation. When the SMO, his designee, or other designee of the Board of Trustees determines that a person has violated a prohibition or failed to meet a requirement of this article, the SMO or such designee 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;

(4)

The performance of monitoring, analyses, and reporting;

(5)

Payment of a fine;

(6)

The implementation of source control or treatment BMPs; and

(7)

If abatement of a violation and/or restoration of affected property is/are 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 Village may perform the remediation or restoration and the cost thereof shall become a lien upon the land until paid and, if not paid prior thereto, may be added to the next year's real estate taxes, collected in the same manner as and with the annual Village real estate taxes.

Violations. Any activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise abated in a manner provided by law.

Penalties. 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 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. For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be considered 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.

§ 178-31 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.

§ 178-32 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, 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.

§ 178-33 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.

§ 178-34 Severability.