Any site for which an application has been submitted
shall be subject to inspection at any reasonable time, including weekends
and holidays, by the members of the approving authority or its designated
representatives. Notice will be provided to applicants of any site
inspection that is to be performed on a weekend, a legal holiday or
between the hours of 6:30 p.m. and 8:00 a.m. The applicant shall indemnify
and hold the town, its officers, employees and agents harmless against
any damage or injury which may be caused by or arise out of any entry
onto the subject site in connection with the processing of the application
or inspection of the site to determine compliance with any conditions
of permit approval during the pendency of the application, during
the effective period of any steep slope permit or work permit issued
for the site and for up to one year after completion of the work.
A.
Any person who undertakes any regulated activity within
a steep slope area without both a steep slope permit and a work permit
or who violates, disobeys or disregards any provision of this chapter
shall be liable for a civil penalty not to exceed $3,000 for each
such violation. Each consecutive day of the violation shall be considered
a separate offense. Before assessment of the civil penalty, the alleged
violator shall be afforded a hearing or opportunity to be heard before
the Planning Board upon due notice, and with rights to specification
of the charges and representation by counsel. Such civil penalty may
be recovered in an action brought by the Town in any court of competent
jurisdiction. Such civil penalty may be released or compromised by
the town, and any action commenced to recover the same may be settled
and discontinued by the town.
B.
The Planning Board shall also have the power, following a hearing, to issue orders directing the cessation of any violation of this chapter and the satisfactory restoration, under the Board's supervision, of the affected steep slope area to its condition prior to the violation, insofar as possible, within a reasonable period of time as determined by the Planning Board. The exercising of such power may be with or without the imposition of a civil penalty under Subsection A hereof.
C.
Any civil penalty or order issued by the approving
authority shall be reviewable pursuant to Article 78 of the Civil
Practice Law and Rules. Review of the determination of the approving
authority shall be within a period of 30 days of filing of said determination
in the office of the Town Clerk.
D.
In addition to the above civil penalty, any person
who violates any provision of this chapter shall be guilty of a violation,
punishable by a fine of not less than $500 nor more than $1,000 for
the first offense. For a second and each subsequent offense, the violator
shall be guilty of a violation punishable by a fine of not less than
$1,000 nor more than $2,000 or a term of imprisonment of not more
than 15 days, or both. Each offense shall be a separate and distinct
offense and, in the case of a continuing offense, each day's continuance
thereof shall be deemed a separate and distinct offense. Notwithstanding
the imposition of any other sanction, any court having jurisdiction
may order the restoration of any area that has been affected by a
violation of this chapter, on such conditions as the court deems appropriate.
E.
The Town shall have the right to seek equitable relief
to restrain any violation or threatened violation of any provision
of this chapter and to compel the restoration of the affected steep
slope area to its condition prior to the violation of the provisions
of this chapter.
A.
The provisions of this chapter shall not apply to
any development, alteration or improvement of property for which final
approval has been obtained and not expired and for which the approved
work has not been completed prior to the effective date of this chapter.
B.
As used in this section, the term "final approval"
shall mean:
(1)
In the case of an application for the subdivision
of land not requiring further site plan approval, adoption by the
Planning Board of a resolution granting approval or conditional approval
of a final plat.
(2)
In the case of an application for a site plan approval,
adoption by the Planning Board of a resolution granting approval or
conditional approval.
(3)
In those cases not covered by Subsection A or B above, the prior issuance of a building permit, driveway permit or other authorization for the commencement of the development, alteration or improvement of property; or for those developments, alterations or improvements for which the Town of New Castle does not require such permits, the actual commencement of the development, alteration or improvement of property.
If any provision of this chapter is held for
any reason to be invalid, such determination shall not invalidate
any other provision hereof.
This chapter shall take effect immediately upon
filing in the office of the Secretary of the State of New York in
accordance with the provisions of the Municipal Home Rule Law.
