[Added 11-6-2006 by L.L. No. 5-2006]
The terms used in this article or in documents
prepared or reviewed under this local law shall have the meanings
as set forth in this section.
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.
A property owner or agent of a property owner who has filed
an application for a land development activity.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Green infrastructure approaches infiltrate, evapotranspire
or reuse stormwater, using soils and vegetation rather than hardscape
collection, conveyance and storage structures. Common green infrastructure
approaches include green roofs, trees and tree boxes, rain gardens,
vegetated swales, pocket wetlands, infiltration planters, vegetated
median strips, reforestation, and protection and enhancement of riparian
buffers and floodplains.
[Added 1-19-2011 by L.L. No. 1-2011]
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A state pollutant discharge elimination system 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.
The process of percolating stormwater into the subsoil.
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."
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
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.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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.
Land development activity.
A person who is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
Certified Professional in Erosion and Sediment Control (CPESC), or
registered landscape architect, or someone working under the direct
supervision of, and at the same company as, the licensed professional
engineer or registered landscape architect, provided that person has
training in the principles and practices of erosion and sediment control.
[Added 1-19-2011 by L.L. No. 1-2011]
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) 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.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
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.
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.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
Measures, either structural or nonstructural, 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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
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
of New York 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 underground waters), 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 waters of the state. This 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.
An employee from the contracting (construction) company,
who has received four hours of Department-endorsed training in proper
erosion and sediment control principles. After receiving the initial
training, the trained contractor shall receive four hours of training
every three years. It can also mean an employee from the contracting
(construction) company who meets the qualified inspector qualifications.
[Added 1-19-2011 by L.L. No. 1-2011]
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan requirement.
(1)
No application for approval of a land development
activity shall be reviewed until the appropriate board has received
a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance
with the specifications in this article.
(2)
Contents of stormwater pollution prevention
plans.
(a)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
[1]
Background information about the scope of the
project, including location, type and size of project;
[2]
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 discharge(s);
[3]
Description of the soil(s) present at the site;
[4]
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 New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
[5]
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;
[6]
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;
[7]
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 close-out;
[8]
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice;
[9]
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
[10]
Temporary practices that will
be converted to permanent control measures;
[11]
Implementation schedule for staging
temporary erosion and sediment control practices, including the timing
of initial placement and duration that each practice should remain
in place;
[12]
Maintenance schedule to ensure
continuous and effective operation of the erosion and sediment control
practice;
[13]
Name(s) of the receiving water(s);
[14]
Delineation of SWPPP implementation
responsibilities for each part of the site;
[15]
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
[16]
Any existing data that describes
the stormwater runoff at the site.
(b)
Land development activities as defined in § 224-164 of this article and meeting Condition A, B, C or D below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
[Amended 1-19-2011 by L.L. No. 1-2011]
[1]
Condition A: Stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
[2]
Condition B: Stormwater runoff from land development
activities disturbing five or more acres.
[3]
Condition C: Stormwater runoff from land development
activity disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences with 25% or less impervious cover at total build out and
construction activities at agricultural properties.
[4]
Condition D: Stormwater runoff from land development activities disturbing
between one and five acres of land for a single-family residential
subdivision that will result in greater than 25% impervious cover
at total build out.
B.
SWPPP requirements for Conditions A, B, C and D:
[Amended 1-19-2011 by L.L. No. 1-2011]
(3)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each post-construction stormwater
management practice.
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
(5)
Comparison of post-development stormwater runoff
conditions with pre-development conditions.
(6)
Dimensions, material specifications and installation
details for each post-construction stormwater management practice.
(7)
Maintenance schedule to ensure continuous and
effective operation of each post-construction stormwater management
practice.
(8)
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.
C.
Plan certification. The SWPPP shall be prepared by
a landscape architect, certified 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 meet
the requirements in this article.
D.
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.
E.
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.
F.
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.
All land development activities shall be subject
to the following performance and design criteria:
A.
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 these technical documents
shall be presumed to meet the standards imposed by this article:
(1)
The New York State Stormwater Management Design
Manual (New York State Department of Environmental Conservation, most
current version or its successor, hereafter referred to as the "Design
Manual").
(2)
New York Standards and Specifications for Erosion
and Sediment Control, (Empire State Chapter of the Soil and Water
Conservation Society, 2004, most current version or its successor,
hereafter referred to as the "Erosion Control Manual").
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 of New York.
A.
Maintenance 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)
The applicant or developer, or his or her representative,
one of which must be a trained contractor, shall be on site at all
times when construction or grading activity takes place and shall
inspect and document the effectiveness of all erosion and sediment
control practices. Inspection reports shall be completed every seven
days and within 24 hours of any storm event producing 0.5 inch of
precipitation or more. The reports shall be delivered to the Stormwater
Management Officer and also copied to the site log book.
[Amended 1-19-2011 by L.L. No. 1-2011]
(3)
For land development activities as defined in § 224-164 of this chapter and meeting Condition A, B, C or D in § 224-165A(2)(b), the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. Construction activities disturbing five acres or more at any one time shall be inspected by a qualified inspector twice every seven days.
[Added 1-19-2011 by L.L. No. 1-2011]
B.
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 of Irvington 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 County Clerk after approval by
the counsel for the Village of Irvington.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall operate and maintain the stormwater management
practices 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.
D.
Maintenance agreements. The Village of Irvington shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of § 224-170, entitled "Sample stormwater control facility maintenance agreement." The Village of Irvington, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided 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.
[Amended 1-19-2011 by L.L. No. 1-2011]
A.
Green infrastructure planning general categories and specific practices.
|
Group
|
Practice
|
Description
| |
|---|---|---|---|
|
Preservation of Natural Resources
|
Preservation of undisturbed areas
|
Delineate and place into permanent conservation easement undisturbed
forests, native vegetated areas, riparian corridors, wetlands and
natural terrain.
| |
|
Preservation of buffers
|
Define, delineate and place in permanent conservation easement
naturally vegetated buffers along perennial streams, rivers, shorelines
and wetlands.
| ||
|
Reduction of clearing and grading
|
Limit clearing and grading to the minimum amount needed for
roads, driveways, foundations, utilities and stormwater management
facilities.
| ||
|
Locating development in less sensitive areas
|
Avoid sensitive resource areas such as floodplains, steep slopes,
erodible soils, wetlands, mature forests and critical habitats by
locating development to fit the terrain in areas that will create
the least impact.
| ||
|
Open space design
|
Use clustering, conservation design or open space design to
reduce impervious cover, preserve more open space and protect water
resources.
| ||
|
Restore the original properties and porosity of the soil by
deep till and amendment with compost to reduce the generation of runoff
and enhance the runoff reduction performance of practices such as
downspout disconnections, grass channels, filter strips and tree clusters.
| |||
|
Reduction of Impervious Cover
|
Roadway reduction
|
Minimize roadway widths and lengths to reduce site impervious
area.
| |
|
Sidewalk reduction
|
Minimize sidewalk lengths and widths to reduce site impervious
area.
| ||
|
Driveway reduction
|
Minimize driveway lengths and widths to reduce site impervious
area.
| ||
|
Cul-de-sac reduction
|
Minimize the number of culs-de-sac and incorporate landscaped
areas to reduce their impervious cover.
| ||
|
Building footprint reduction
|
Reduce the impervious footprint of residences and commercial
buildings by using alternate or taller buildings while maintaining
the same floor-to-area ratio.
| ||
|
Parking reduction
|
Reduce imperviousness on parking lots by eliminating unneeded
spaces, providing compact car spaces and efficient parking lanes,
minimizing stall dimensions, using porous pavement surfaces in overflow
parking areas, and using multistoried parking decks where appropriate
and allowed.
|
B.
Green infrastructure techniques acceptable for runoff reduction.
|
Group
|
Practice
|
Description
| |
|---|---|---|---|
|
Runoff Reduction Techniques
|
Conservation of natural areas
|
Retain the pre-development hydrologic and water quality characteristics
of undisturbed natural areas and stream and wetland buffers by restoring
and/or permanently conserving these areas on a site.
| |
|
Sheetflow to riparian buffers or filter strips
|
Undisturbed natural areas such as forested conservation areas
and stream buffers or vegetated filter strips and riparian buffers
can be used to treat and control stormwater runoff from some areas
of a development project.
| ||
|
Vegetated open swale
|
The natural drainage paths, or properly designed vegetated channels,
can be used instead of constructing underground storm sewers or concrete
open channels to increase time of concentration, reduce the peak discharge
and provide infiltration.
| ||
|
Tree planting/tree box
|
Plant or conserve trees to reduce stormwater runoff, increase
nutrient uptake and provide bank stabilization. Trees can be used
for applications such as landscaping, stormwater management practice
areas, conservation areas and erosion and sediment control.
| ||
|
Disconnection of rooftop runoff
|
Direct runoff from residential rooftop areas and upland overland
runoff flow to designated pervious areas to reduce runoff volumes
and rates.
| ||
|
Stream daylighting for redevelopment projects
|
Stream daylight previously culverted/piped streams to restore
natural habitats, better attenuate runoff by increasing the storage
size and promoting infiltration, and help reduce pollutant loads.
| ||
|
Rain garden
|
Manage and treat small volumes of stormwater runoff using a
conditioned planting soil bed and planting materials to filter runoff
stored within a shallow depression.
| ||
|
Green roof
|
Capture runoff by a layer of vegetation and soil installed on
top of a conventional flat or sloped roof. The rooftop vegetation
allows evaporation and evapotranspiration processes to reduce volume
and discharge rate of runoff entering conveyance system.
| ||
|
Stormwater planter
|
Small landscaped stormwater treatment devices that can be designed
as infiltration or filtering practices. Stormwater planters use soil
infiltration and biogeochemical processes to decrease stormwater quantity
and improve water quality.
| ||
|
Rain tank/cistern
|
Capture and store stormwater runoff to be used for irrigation
systems or filtered and reused for noncontact activities.
| ||
|
Porous pavement
|
Pervious types of pavements that provide an alternative to conventional
paved surfaces, designed to infiltrate rainfall through the surface,
thereby reducing stormwater runoff from a site and providing some
pollutant uptake in the underlying soils.
|
C.
Stormwater management practices acceptable for water quality.
|
Group
|
Practice
|
Description
| |
|---|---|---|---|
|
Pond
|
Micropool extended detention pond (P-1)
|
Pond that treats the majority of the water quality
volume through extended detention, and incorporates a micropool at
the outlet of the pond to prevent sediment resuspension
| |
|
Wet Pond (P-2)
|
Pond that provides storage for the entire water
quality volume in the permanent pool
| ||
|
Wet extended detention pond (P-3)
|
Pond that treats a portion of the water quality
volume by detaining storm flows above a permanent pool for a specified
minimum detention time
| ||
|
Multiple pond system (P-4)
|
A group of ponds that collectively treats the
water quality volume
| ||
|
Pocket pond (P-5)
|
A stormwater wetland design adapted for the
treatment of runoff from small drainage areas that has little or no
baseflow available to maintain water elevations and relies on groundwater
to maintain a permanent pool
| ||
|
Wetland
|
Shallow wetland (W-1)
|
A wetland that provides water quality treatment
entirely in a shallow marsh
| |
|
Extended detention wetland (W-2)
|
A wetland system that provides some fraction
of the water quality volume by detaining storm flows above the marsh
surface
| ||
|
Pond/wetland system (W-3)
|
A wetland system that provides a portion of
the water quality volume in the permanent pool of a wet pond that
precedes the marsh for a specified minimum detention time
| ||
|
Pocket wetland (W-4)
|
A shallow wetland design adapted for the treatment
of runoff from small drainage areas that has variable water levels
and relies on groundwater for its permanent pool
| ||
|
Infiltration
|
Infiltration trench (I-1)
|
An infiltration practice that stores the water
quality volume in the void spaces of a gravel trench before it is
infiltrated into the ground
| |
|
Infiltration basin (I-2)
|
An infiltration practice that stores the water
quality volume in a shallow depression before it is infiltrated into
the ground
| ||
|
Dry well (I-3)
|
An infiltration practice similar in design to
the infiltration trench, and best suited for treatment of rooftop
runoff
| ||
|
Filtering practices
|
Surface sand filter (F-1)
|
A filtering practice that treats stormwater
by settling out larger particles in a sediment chamber, and then filtering
stormwater through a sand matrix
| |
|
Underground sand filter (F-2)
|
A filtering practice that treats stormwater
as it flows through underground settling and filtering chambers
| ||
|
Perimeter sand filter (F-3)
|
A filter that incorporates a sediment chamber
and filter bed as parallel vaults adjacent to a parking lot
| ||
|
Organic filter (F-4)
|
A filtering practice that uses an organic medium
such as compost in the filter in place of sand
| ||
|
Bioretention (F-5)
|
A shallow depression that treats stormwater
as it flows through a soil matrix, and is returned to the storm drain
system
| ||
|
Open channels
|
Dry swale (O-1)
|
An open drainage channel or depression explicitly
designed to detain and promote the filtration of stormwater runoff
into the soil media
| |
|
Wet swale (O-2)
|
An open drainage channel or depression designed
to retain water or intercept groundwater for water quality treatment
|
[Amended 1-19-2011 by L.L. No. 1-2011]
|
Whereas, the Village of Irvington ("Municipality")
and the __________ ("facility owner") want to enter into an agreement
to provide for the long term maintenance and continuation of stormwater
control measures approved by the Municipality for the below named
project, and
| |
|
Whereas, the Municipality and the facility owner
desire that the stormwater control measures be built in accordance
with the approved project plans and thereafter be maintained, cleaned,
repaired, replaced and continued in perpetuity in order to ensure
optimum performance of the components. Therefore, the Municipality
and the facility owner agree as follows:
| |
|
1.
|
This agreement binds the Municipality and the
facility owner, its successors and assigns, to the maintenance provisions
depicted in the approved project plans which are attached as Schedule
A of this agreement.
|
|
2.
|
The facility owner shall maintain, clean, repair,
replace and continue the stormwater control measures depicted in Schedule
A as necessary to ensure optimum performance of the measures to design
specifications. The stormwater control measures shall include, but
shall not be limited to, the following: drainage ditches, swales,
dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption
devices, stormwater ponds and wetlands, bioretention and rain gardens,
tree boxes, green roofs, stormwater planters, rain tanks and cisterns,
and porous pavement.
|
|
3.
|
The facility owner shall be responsible for
all expenses related to the maintenance of the stormwater control
measures and shall establish a means for the collection and distribution
of expenses among parties for any commonly owned facilities.
|
|
4.
|
The facility owner shall provide for the periodic
inspection of the stormwater control measures, at the frequency recommended
in the Design Manual, to determine the condition and integrity of
the measures. Such inspection shall be performed by a professional
engineer licensed by the State of New York. The inspecting engineer
shall prepare and submit to the municipality, within 30 days of the
inspection, a written report of the findings, including recommendations
for those actions necessary for the continuation of the stormwater
control measures.
|
|
5.
|
The facility owner shall not authorize, undertake
or permit alteration, abandonment, modification or discontinuation
of the stormwater control measures except in accordance with written
approval of the Municipality.
|
|
6.
|
The facility owner shall undertake necessary
repairs and replacement of the stormwater control measures at the
direction of the Municipality or in accordance with the recommendations
of the inspecting engineer.
|
|
7.
|
The facility owner shall provide to the Municipality
within 30 days of the date of this agreement, a security for the maintenance
and continuation of the stormwater control measures in the form of
(a Bond, letter of credit or escrow account).
|
|
8.
|
This agreement shall be recorded in the Office
of the County Clerk, County of __________ together with the deed for
the common property and shall be included in the offering plan and/or
prospectus approved pursuant to __________
|
|
9.
|
If ever the Municipality determines that the
facility owner has failed to construct or maintain the stormwater
control measures in accordance with the project plan or has failed
to undertake corrective action specified by the Municipality or by
the inspecting engineer, the Municipality is authorized to undertake
such steps as reasonably necessary for the preservation, continuation
or maintenance of the stormwater control measures and to affix the
expenses thereof as a lien against the property.
|
|
10.
|
This agreement is effective __________.
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[Added 5-3-2010 by L.L.No. 5-2010[1]]
The Village is empowered to retain, at the applicant’s expense, any consultant or expert which, in the opinion of the Village, is reasonably necessary in its review of any application or enforcement of any approval or plan that may be covered by this article. The fees for such consultation shall be paid in accordance with the provisions of Chapter 160, Professional Fees.
A.
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.
B.
Effective date. This article shall be effective upon
filing with the office of the Secretary of State.
