A.
Erosion and sediment control inspection.
(1)
The SMO may require such inspections as he deems 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 the requirements of this chapter 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.
B.
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.
C.
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.
This inspection shall be done by a professional engineer or a certified professional
in erosion control.
D.
Submission of reports. The SMO may require monitoring
and reporting from entities subject to this chapter as necessary to determine
compliance with this chapter.
E.
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.
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 in its approval
of the SWPP, 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 and in a form approved by the Village Attorney,
from a financial or surety institution approved by the Board of Trustees 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 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) has 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.
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 with a cash escrow, a maintenance bond, or an irrevocable
letter of credit in a form approved by the Village Attorney from a financial
institution or surety approved by the Board of Trustees 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.
C.
Recordkeeping. The Village may require entities subject
to this chapter to maintain records demonstrating compliance with this chapter.
The Village may require any person undertaking land development activities
regulated by this chapter to pay reasonable fees, costs and expenses at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed by the
Village or performed by a third party for the Village, including engineering
and legal, in accordance with such resolutions as may be adopted from time
to time by the Board of Trustees.
A.
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 chapter,
he may issue a written notice of violation to the landowner and/or developer.
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.
(6)
A statement that the determination of violation may be
appealed to the municipality by filing a written notice of appeal within 15
days of service of the notice of violation.
B.
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 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 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 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. 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 violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed 15 days, 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 $750 or imprisonment for a period not to exceed 15 days,
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 $750 nor more than $1,000 or imprisonment for a period not to exceed
15 days, or both. Violations of this chapter shall not be deemed misdemeanors.
Each week's continued violation shall constitute a separate additional
violation.
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation of this
chapter, the SMO may prohibit the occupancy of said building or land.
F.
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 upon
which 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, and actual 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.
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 chapter 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.
The remedies listed in this chapter 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.
If the provisions of any article, section, subsection, paragraph, subdivision,
or clause of this chapter 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 chapter.