A.
Construction inspections. The 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 requirements of this chapter and the stormwater pollution prevention
plan (SWPPP) as approved. To obtain inspections, the applicant shall
notify the Stormwater Management Officer at least 48 hours before
any of the following as required by said officer:
(1)
Start of construction.
(2)
Installation of sediment and erosion control measures.
(3)
Completion of site clearing.
(4)
Completion of rough grading.
(5)
Completion of final grading.
(6)
Close of the construction season.
(7)
Completion of final landscaping.
(8)
Successful establishment of landscaping in public
areas.
B.
Stormwater management practice inspections. The 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.
C.
Inspection of stormwater facilities after 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 law. 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.
D.
Submission of reports. The Stormwater Management Officer
may require monitoring and reporting from entities subject to this
chapter as are necessary to determine compliance with this chapter.
E.
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 Village of Port Chester the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 281-21C.
A.
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
of Port Chester in its approval of the stormwater pollution prevention
plan, the Village may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow, or irrevocable
letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names
the Village of Port Chester as the beneficiary. The security shall
be in an amount to be determined by the Village of Port Chester 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 of Port
Chester, 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 Stormwater Management Officer. Per annum interest on cash escrow
deposits shall be reinvested in the account until the surety is released
from liability.
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 Village of Port Chester with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction
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 of Port Chester
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Village of Port Chester may require
entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
A.
Notice of violation. When the Village of Port Chester
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.
B.
Stop-work order. The Village of Port Chester 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 address the violations leading to the
stop-work order. The stop-work order shall be in effect until the
Stormwater Management Officer 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 will result
in immediate efforts to compel compliance as set forth hereinafter
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.
Penalties. Each day a violation of this chapter is
allowed to exist after the allotted time for its cure, if any, shall
constitute a separate and distinct violation. 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 first
offense shall be subject to a fine not exceeding $700 for each violation
and/or imprisonment up to 15 days, and each such offense shall constitute
a violation. Persons found guilty of a second offense, both of which
were committed within a period of 10 years, shall be subject to a
fine of not less than $700 nor more than $1,400 and/or imprisonment
up to one year, and shall constitute a misdemeanor; upon conviction
of a third or subsequent offense, all of which offenses were committed
within a period of 10 years, shall be subject to a fine not less than
$1,400 and/or imprisonment up to one year, and shall constitute a
misdemeanor.
If any building or land development activity
is installed or conducted in violation of this chapter, the Stormwater
Management Officer may withhold the issuance of a certificate of occupancy.
Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Village may
take necessary corrective action, the cost of which shall become a
lien upon the property until paid after due notice thereof.
