City of Middletown, NY Article VI Administration and Enforcement

§ 475-45 Enforcing officer; compliance required.

This chapter shall be enforced by the Commissioner of Public Works or his or her authorized representatives. No building permit or certificate of occupancy shall be issued by said Commissioner, or his or her authorized representatives, except where all the provisions of this chapter have been complied with.

§ 475-46 Building permit.

No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Commissioner of Public Works or his or her authorized representative. All applications for such permits shall be in accordance with the requirements of the Building Code (see Chapter 193, Building Construction) and all real property taxes and water and sewer charges must be paid before a building permit can be issued for a particular property. Building permits must be displayed prominently on the property for which such permit has been issued. In the discretion of the Commissioner of Public Works or his or her authorized representative, building permits may be deemed unnecessary only for the following types of work:

A. Necessary repairs which do not materially affect structural features or change the use of the building;

B. Alterations to existing buildings where the use of the building is not changed and which cost less than $10,000 (as measured in January 1, 2000, dollars); do not materially affect structural features; do not affect firesafety features, such as smoke detectors, sprinklers, required fire separations and exits; do not involve the installation or extension of electrical systems; and do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues; or

C. The construction of small, noncommercial structures not intended for use by one or more persons as quarters for living, sleeping, eating or cooking, such as a storage shed, so long as the structure is no greater than 100 square feet in floor space.

§ 475-47 Certificate of occupancy.

A. No land shall be used or occupied, and no building hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Commissioner of Public Works, or his or her authorized representative, in accordance with the provisions of the Building Code, and, in the cases of boardinghouses and theaters or other places of public assembly, only after inspection and approval of the Fire Inspector. See Chapter 193, Building Construction. A fee of $100 ($25 if construction is under $10,000) shall accompany the application for a certificate of occupancy, in addition to any other fees imposed by any other code or law.

[Amended 12-27-2005]

B. Each and every time that a request is made of the Commissioner of Public Works, his or her authorized representative or any other employee or official of the City of Middletown to determine whether a certificate of occupancy exists for a particular building or property, or whether or not any violations of this chapter or any code of the City of Middletown exist with respect to such building or property, such request must be accompanied by a fee of $100, and the Commissioner of Public Works shall designate a representative or representatives who will physically inspect such building or property and who will inspect the appropriate records maintained by the City of Middletown with respect to such building or property. After such inspections, the Commissioner of Public Works or his or her authorized representatives will issue a report in writing to the requester based on the best information available to the Commissioner or his or her authorized representatives which will, at a minimum, report whether a certificate of occupancy has been issued for the building or property, attach a copy of the certificate of occupancy if one has been issued, report on the present use of the building or property and the zoning district in which such building or property is located, and report whether there exist any zoning, building code or other code violations with respect to such building or property.

§ 475-47.1 Business permits.

[Added 7-19-2022]

A. It is the purpose of this section to establish a permit system to register with the City new businesses, as well as businesses undergoing a change in ownership, management or use.

B. This section shall apply to all commercial and industrial usages ("businesses") in all zoning districts in the City of Middletown, except for home occupations. This section shall apply to:

(1) Newly opening businesses;

(2) Established businesses which are undergoing a change of ownership, management or use; and

(3) All other established businesses.

C. All newly opening businesses and businesses undergoing a change in ownership, management or use will be required to register and apply for a business permit prior to receiving a certificate of occupancy. All established businesses must register and apply for a permit within 60 days of the effective date of this section.

D. The Department of Public Works shall issue an application form for a business permit; the form may be digital or written, or both. This form shall include, but not be limited to, a description of the type of business conducted at the subject premises, hours of operation, and contact information for the owner and/or property manager.

E. The owner or property manager of all businesses which are being discontinued or which are undergoing a change of ownership, management or use must provide notice of same to the Department of Public Works.

F. Failure of the owner or property manager to comply with the provisions of this section shall subject such person or entity to the penalties provided in § 475-50.

§ 475-48 Complaints of violations.

Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be filed with the Department of Public Works, which shall properly record such complaint and immediately investigate the same, and which may bring such complaint before a court of competent jurisdiction.

§ 475-49 Abatement of violations.

A. The Commissioner of Public Works or his or her authorized representatives are hereby authorized and empowered to issue a certificate of illegal nonconforming use or to notify the owner of a property which is being used for a prohibited or illegal nonconforming use or as a prohibited or illegal nonconforming building within the City, or the agent of such owner, to discontinue the prohibited or nonconforming use and/or the prohibited or nonconforming building located on such owner's property.

B. Such notice shall be served in person or by certified mail addressed to the owner at his or her last known address.

C. If no appeal is taken by such owner or on behalf of the owner to the Zoning Board of Appeals within five days of personal service of such notice or 10 days after service by certified mail, the Commissioner of Public Works or his or her authorized representatives may correct and/or remove the prohibited or nonconforming use and/or prohibited or nonconforming building and shall submit a sworn statement of the cost and expense in connection with such removal to the Treasurer.

[Amended 1-7-2008]

D. When the full amount due the City as set forth in such sworn statement is not paid by such owner within 30 days after correction and/or removal of the prohibited or nonconforming use and/or the prohibited and/or nonconforming building by the Commissioner of Public Works or his or her authorized representatives, the sworn statement of the cost and expense shall constitute a lien on the property for the amount due and shall be collected at the next regular tax collection in the manner fixed by law for the collection of taxes and shall bear the same interest and penalty as taxes. Nothing herein shall prevent the City from collecting such cost or expense by means of an action at law or by any other means provided in the Charter of the City of Middletown or by any other law.

E. Where the full amount due the City is not paid by such owner within 30 days after correction and/or removal of the prohibited or nonconforming use and/or prohibited and/or nonconforming building, as provided for in Subsections C and D above, then and in that case the Commissioner of Public Works or his or her authorized representatives shall cause to be recorded in the office of the Treasurer a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and, further, a delinquency penalty of 5% shall be imposed in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent, together with an annual interest rate of 15% from the date of the work. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement plus interest constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

[Amended 1-7-2008]

§ 475-50 Penalties for offenses.

[Amended 4-4-2017]

A violation of any provision of this chapter is an offense punishable by a fine of not less than $250 nor more than $1,000, or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.

§ 475-51 Amendments and variances.

A. This chapter or any part thereof may be amended, supplemented or repealed, from time to time, by the Common Council on its own motion or on petition. Each application for a change of zoning shall be accompanied by a fee of $250 to be used for the Common Council public hearing notice. If the applicant requests a postponement, an additional fee of $10 is required for each postponement, payable with the postponement request.

[Amended 12-27-2005]

B. By resolution adopted at a stated meeting, the Common Council shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given.

C. All notices of public hearings shall specify:

(1) The nature of any proposed amendment;

(2) The land or district affected; and

(3) The date when and the place where the public hearing will be held.

D. Notice of the public hearing herein required shall be given by publishing on two successive days in the official City newspaper. Publication of such notice shall begin at least five days before the hearing. The Common Council may require giving additional notice to persons particularly interested or affected in any given location.

E. The Common Council shall, before taking any action on adopting or amending any zoning regulations, refer the same to the Orange County Planning Department, in accordance with §§ 239-l and 239-m of the General Municipal Law. The matters covered by this section shall include any municipal zoning regulation or any amendment thereof which would change the district classification of or the regulations applying to real property lying within a distance of 500 feet from the boundary of any city, village or town, or from the boundary of any county or state park or other recreation area, or from the right-of-way of any county or state parkway, thruway, expressway or other controlled-access highway, or from the right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the boundary of any county- or state-owned land on which a public building or institution is situated.

F. If a proposed change or amendment affects property within 500 feet of the boundary of any municipality, a written copy of the official notice of the public hearing shall be given to the clerk of such other municipality. Such municipality shall have the right to appear and be heard at such public hearing but shall not have any right to review or appeal.

G. Whenever a petition requesting an amendment or repeal of the regulations prescribed for any district or part thereof, or of the Zoning District Map, shall be presented to the Common Council, and such petition is duly signed and acknowledged by 50% or more of the owners of the frontage in the same district classification or higher as the one to which the petition applies within a distance of 300 feet from the boundaries of that portion of such district which such amendment, supplement, change or repeal shall affect (and in the event that one person shall own all of the frontage within the distance aforesaid, such petition shall also have the signature and acknowledgment of two owners of frontage situated within the nearest district of the same classification as the district to which the petition applies), it shall be the duty of the Common Council to vote upon said petition within 90 days after the filing of the same by the petitioners with the Clerk of the Common Council.

H. If, however, a protest against a proposed amendment, supplement, change, repeal, variance or excepted use is presented, duly signed and acknowledged by the owners of 20% or more of the area of the land included in such proposed change, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by a three-fourths vote of the Common Council.

I. Where a change in zoning is made upon the petition of any property owner, the Commissioner of Public Works shall, six months after such amendment is adopted, report to the Common Council whether or not such change in use has been actually made by the property owner. If the change in use has not been made by the owner, then the Council may, by majority vote of its members elected and in office, adopt an amendment changing the classification to the original use.

§ 475-52 Interpretation; conflict with other laws.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the highest standards, shall govern.

§ 475-53 Special use permits and site plan review.

A. Definition of special use permit. As used in this section the term "special use permit" shall mean an authorization of a particular land use which is permitted by this chapter, subject to the requirements of this chapter to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such requirements are met.

B. Approval of special use permits. On application and after public notice and hearing, the Planning Board may authorize the issuance by the Commissioner of Public Works of special use permits for any of the uses subject to authorization and approval of the Planning Board for which this chapter requires, in the district in which such use is proposed to be located. In approving any such use, the Planning Board shall take into consideration the public health, safety and welfare, and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:

(1) All proposed structures, equipment or material shall be readily accessible for fire and police protection.

(2) The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

(3) In addition to the above, in the case of any use located in or directly adjacent to a residential district:

(a) The location, size and character of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, said residential district or conflict with the normal traffic of the neighborhood.

(b) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

(c) The location, size and character of the proposed use will not unreasonably and adversely affect the enjoyment or value of the adjacent residential properties.

C. Enforcement of conditions. Upon the granting of any special use permit with conditions or restrictions, the Department of Public Works shall ensure that no permit issue without assurance that such conditions and/or restrictions have been met or implemented.

D. Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 81-b of the General City Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter.

E. Public hearing and decision on special use permits. The Planning Board shall conduct a public hearing within 62 days from the day a complete application is received on any matter referred to it under this section.

(1) Each application for a special use permit shall be accompanied by a proposed plan showing the size and location of the lot, the location of all buildings and proposed facilities, including access drives and parking areas, and all streets within 200 feet of the lot, and with such other details as set forth in this chapter with respect to site plan approvals. Each application shall be accompanied by a fee of $100.

(2) Notice of the public hearing shall be printed in the official newspaper of the City at least five days prior to the date thereof. Additional notice shall be given in accordance with the requirements as established by this chapter for hearings on appeals by the Zoning Board of Appeals in § 475-56H. Notice of the public hearing shall also be delivered at least 10 days before such hearing to the Clerk of the Common Council of the City of Middletown, with a request that interested members of the Common Council should provide comments regarding the application to the Planning Board.

(3) If the proposed special use permit involves any of the areas specified in § 475-56K of this chapter, then the Planning Board, at least 10 days before the public hearing, shall mail notices thereof to the applicant and to the Orange County Planning Department as required by §§ 239-l and 239-m of the General Municipal Law.

(4) In considering any application for a special use permit, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

(5) The Planning Board shall decide the special use permit application within 62 days after the public hearing and after the applicant has submitted all supporting information required by the Planning Board. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board must be filed in the office of the Clerk of the Common Council within five business days after the decision is rendered, and a copy thereof must be mailed to the applicant.

[Amended 1-7-2008]

(6) Unless work is commenced and diligently prosecuted within six months and completed within two years of the date of the granting of a special use permit, such special use permit shall be null and void.

F. The granting of any special use permit application shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.

G. The Planning Board, in its absolute discretion, may require that special use permits be periodically renewed. Such renewal shall be granted following a public notice and hearing and may be withheld only upon a determination by the Planning Board to the effect that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 62 days shall be granted the applicant for full compliance prior to the revocation of said permit.

H. Definition of site plan. As used in this section the term "site plan" shall mean a rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in this chapter, which show the arrangement, layout and design of the proposed use of a single parcel of land (or more than a single parcel, as the case may be) as shown on said plan. Plans showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions under § 32 of the General City Law and/or the Middletown City Code shall continue to be subject to such review and shall not be subject to review as site plans under this section.

I. In all cases where this chapter requires the approval of site plans, no building permit shall be issued by the Commissioner of Public Works or his or her representatives except upon authorization of and in conformity with plans approved by the Planning Board.

J. Approval of site plans. All site plans must show the arrangement, layout and design of the proposed use of the land on said plan. In approving the plans for a particular use, the Planning Board shall give specific consideration to those general considerations listed in Subsection B of this section, as well as to the following objectives to be shown and addressed on the site plan:

(1) Traffic access. All proposed traffic accessways are adequate in width, grade, alignment and visibility, not located too near street corners or other places of public assembly, and other similar safety considerations.

(2) Circulation and parking. Adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use, and the interior circulation system is adequate to provide safe accessibility to all required off-street parking.

(3) Landscaping and screening. All parking and service areas are reasonably screened during all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site is at the least in character with that generally prevailing in the neighborhood. To assure an attractive residential environment, the Planning Board shall ensure that all unutilized lands, parking areas and service yards are reasonably screened, at all seasons of the year, from the view of adjacent residential lots and streets and that the general landscaping of the site is at the least in character with that generally in the neighborhood. Existing trees over 12 inches in diameter, measured four feet above the ground, should, to the maximum extent possible, be preserved.

(4) Character and appearance. The character and appearance of the proposed use, buildings and/or outdoor signs, at the least, will be in general harmony with the character and appearance of the surrounding neighborhood.

K. Application for an area variance. Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 81-b of the General City Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter.

L. Site plan elements. The applicant shall cause a site plan map to be prepared by a civil engineer, surveyor, land planner, architect or other competent person. Site plan elements shall include the following:

(1) Legal data:

(a) Lot, block and section number of the property taken from the latest tax records.

(b) Name and address of the owner of record.

(c) Name and address of the person, firm or organization preparing the map.

(d) Date, North point and written graphic scale.

(e) Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The errors of closure shall not exceed one in 10,000.

(f) Locations, names and existing widths of adjacent streets and curblines.

(g) Locations and owners of all adjoining lands as shown on the latest tax records.

(h) Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.

(i) A complete outline of existing deed restrictions or covenants applying to the property.

(j) Existing zoning.

(2) Natural features:

(a) Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Planning Board.

(b) Approximate boundaries of any areas subject to flooding or stormwater overflows.

(c) Locations of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more, measured three feet above the base of the trunk, and other significant features.

(3) Existing structures and utilities:

(a) Locations of uses and outlines of structures drawn to scale on and within 100 feet of the lot line.

(b) Paved areas, sidewalks and vehicular access between the site and public streets.

(c) Locations, dimensions, grades and flow directions of existing sewers, culverts and waterlines, as well as other underground and aboveground utilities within and adjacent to the property.

(d) Other existing development, including fences, landscaping and screening.

(4) Proposed development:

(a) The location of proposed buildings or structural improvements.

(b) The location and design of all uses not requiring structures, such as off-street parking and loading zones.

(c) The location, direction, power and time of use for any proposed outdoor lighting or public address system.

(d) The location and plans for any outdoor signs.

(e) The location and arrangement of proposed means of access, ingress and egress, including sidewalks, driveways or other paved areas; profiles, indicating grading, and cross sections showing width of roadways and location and width of sidewalks; and location and size of water and sewer lines.

(f) Any proposed grading, screening and other landscaping, including types and locations of proposed street trees.

(g) The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal treatment.

(h) An outline of any proposed deed restrictions or covenants.

(i) Any contemplated public improvements on or adjoining the property.

(j) If the site plan only indicates a first stage, a supplemental plan shall indicate ultimate development.

(5) Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter.

M. Conditions attached to the approval of site plans. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon approval of any site plan, any such conditions must be met in connection with the issuance of permits by the Department of Public Works. Unless work is commenced and diligently prosecuted within six months and completed within two years of the date of the granting of site plan approval, such site plan shall be null and void.

N. Procedure for site plan review.

(1) Presubmission conference. Prior to the submission of a site plan, the applicant shall meet in person with the Planning Board on one or more occasions as the Planning Board deems necessary and appropriate. The purpose of such conference(s) shall be to discuss proposed uses or development in order to determine which of the site plan elements listed above shall be submitted to the Planning Board to determine conformity with the provisions and intent of this chapter and which other conditions or features should be contained on the site plan which may not be listed above.

(2) Within six months following the presubmission conference, the site plan and any related information shall be submitted to the Commissioner of Public Works in duplicate at least 30 days prior to the Planning Board meeting at which the plan is to be discussed. Site plans of over 500 units of housing must be submitted at least 60 days before such meeting. If not submitted within this six-month period, another presubmission conference shall be required. The application shall be accompanied by a fee of $50 minimum, plus $50 for each multiple of 50 units of housing. The developer must also pay for the review by the Commissioner of Public Works at the rate of $100 per hour and for the cost of any other professionals who review the plans on behalf of and for the Planning Board.

(3) The Commissioner of Public Works shall certify on each site plan or amendment whether or not the plan meets the requirements of all the provisions of this chapter, other than those of this section, regarding the site plan approval.

(4) The Commissioner of Public Works shall retain one copy and transmit one copy of the certified site plan to the Secretary of the Planning Board at least seven days prior to the Planning Board meeting at which the site plan is to be reviewed.

(5) The Planning Board shall conduct a public hearing within 62 days from the day a site plan which contains all the elements required by this chapter is received. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before said hearing and shall give public notice of said hearing in the official newspaper of the City at least five days prior to the date thereof.

(6) At least 10 days before such hearing, the Planning Board shall mail notices thereof to the Orange County Planning Commission, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in § 239-m, Subdivision 2, of the General Municipal Law. The Planning Board, at least 10 days before such hearing, shall also cause a copy of the site plan to be delivered to the City of Middletown Architectural Review Board and shall request comments from such Architectural Review Board regarding the site plan, if the property for which the site plan has been drawn is within the jurisdictional limits of the Architectural Review Board.[1] A copy of the site plan shall also be delivered at least 10 days before such hearing to the Clerk of the Common Council of the City of Middletown, with a request that interested members of the Common Council should provide comments regarding the site plan to the Planning Board.

[1] Editor's Note: See Ch. 166, Architectural Review.

(7) The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

(8) In reviewing the application, the Planning Board may secure the advice or assistance of one or more expert consultants qualified to advise as to whether a proposed use and the proposed site plan will conform to the requirements of this chapter, and whether the use will be operated in conformance with the performance standards, and, if not, what modification in design or operation would be necessary for conformance. A copy of the report of such consultants shall be furnished to the Commissioner of Public Works and the applicant.

(9) The Planning Board shall make a decision upon the application within 62 days after the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board shall be filed in the office of the Clerk of the Common Council within five business days after such decision is rendered, and a copy thereof must be mailed to the applicant.

[Amended 1-7-2008]

(10) Amendments to a site plan shall be acted upon in the same manner as approval of the original plan.

O. The Planning Board may require that the site plan approval be periodically reviewed.

P. The developer shall install underground utilities (electrical, telephone and cable television) in the streets and on the lots unless this requirement is waived by the Public Service Commission and the Planning Board.

Q. The developer shall, at his expense, install whatever fire alarm standards, bases and connections are deemed necessary by the Commissioner of Public Works and the Planning Board.

R. In considering applications for expansions of nonconforming uses, special use permits and/or site plans, the Planning Board shall apply and mandate all of the provisions of Chapter 414 of the Code of the City of Middletown, Stormwater Management; Erosion and Sediment Control.

[Added 11-27-2007 by L.L. No. 3-2007]

S. A failure to comply with the terms or conditions of any special use permit or site plan is an offense punishable as provided in § 475-50 of this chapter.

[Added 3-23-2009]