[HISTORY: Adopted by the Board of Trustees
the Village of Phoenix 4-17-2007 by L.L. No. 1-2007. Amendments noted where
applicable.]
This Chapter 164 shall be known as the "Stormwater Management and Erosion and Sediment Control Law of the Village of Phoenix."
It is hereby determined that:
A.Â
Land development activities associates increases in
site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition;
B.Â
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species;
C.Â
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
D.Â
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
E.Â
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
F.Â
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activity;
G.Â
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety;
H.Â
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 164-2 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.Â
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or
as amended or revised;
B.Â
Require land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities GP-02-01, or as amended
or revised;
C.Â
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation and
streambank erosion and maintain the integrity of stream channels;
D.Â
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.Â
Minimize to the extent otherwise legally required,
the peak rate of stormwater runoff which flows from any specific site
during and following development to an amount equal to or less than
the peak rate prior to development; and
F.Â
Reduce stormwater runoff rates and soil erosion and
nonpoint source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Village Board of Trustees
of Phoenix has the authority to enact local laws and amend local laws
and for the purpose of promoting the health, safety or general welfare
of the Village of Phoenix and for the protection and enhancement of
its physical environment. The Village Board of Trustees of Phoenix
may include in any such local law provisions for the appointment of
any municipal officer, employees, or independent contractor to effectuate,
administer and enforce such local law.
A.Â
This chapter shall be applicable to all land development activities as defined in this chapter, § 164-7.
B.Â
The municipality shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention
plans and forward such plans to the applicable municipal board. The
Stormwater Management Officer may:
(1)Â
Review the plans;
(2)Â
Upon approval by the Village Board of Trustees of
the Village of Phoenix, engage the services of a registered professional
engineer or other duly qualified professional, as determined by the
municipality, to review the plans, specifications and related documents
at a cost not to exceed a fee schedule established by said governing
board from time to time; or
(3)Â
Accept the certification of such a professional acting
on behalf of the applicant or landowner that the plans conform to
the requirements of this chapter.
C.Â
All land development activities subject to review
and approval by the Village of Phoenix Board of Trustees under subdivision,
site plan, and/or special permit regulations shall be reviewed subject
to the standards contained in this chapter.
The following activities may be exempt from
review under this chapter:
A.Â
Agricultural activity as defined in this chapter;
B.Â
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility;
C.Â
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer;
D.Â
Any part of a subdivision if a final plat for the
subdivision, or part thereof, has been approved by the Village of
Phoenix on or before the effective date of this chapter;
E.Â
Land development activities for which a building permit
has been approved on or before the effective date of this chapter;
F.Â
Cemetery graves;
G.Â
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles;
H.Â
Emergency activities immediately necessary to protect
life, property or natural resources;
I.Â
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by
that person and his or her family.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meaning 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 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.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area or as defined under
the New York State Building Code.
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 Standards and Specifications for Erosion
and Sediment Control" manual, commonly known as the "Blue Book" or
any different or successive manual adopted or recommended by the New
York State Department of Environmental Conservation.
A person who undertakes land development activities.
Excavation or fill of material, including the resulting conditions
thereof.
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 in 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, excavation,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than once acre of total land area that is part of a larger common
plan of development of 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 repair, replacement
and maintenance of privately owned stormwater management facilities
and 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 or developing of a parcel of land in distinct pieces
or parts, with the stabilization of each piece completed before the
clearing of the next.
Sediment of a water quality measurement that addresses sediment
(such as total suspended solids, turbity 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.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, ground
water recharge areas, water supply preserves, 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 can 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, inspect stormwater management
practices and/or delegate and supervise over any of the foregoing
to a legally qualified and delegated to third-party agent, employee,
independent contractor or consultant.
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 disposal area
in wetlands) nor resulted from impoundment of waters of the state.
The Village of Phoenix, Oswego County, New York or any legally
authorized body, officer, employee, or agent thereof.
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.Â
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall be
acted upon until the appropriate board has received a stormwater pollution
prevention plan (SWPPP) prepared in accordance with the specifications
in this chapter.
B.Â
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(1)Â
Background information about the scope of the project,
including location, type and size of project.
(2)Â
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)Â
Description of the soil(s) present at the site;
(4)Â
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 Sediment Manual), not more than five (5) acres shall
be disturbed at any one time unless pursuant to an approved SWPPP.
(5)Â
Description of the pollution protection prevention
measures that will be used to control litter, construction chemicals
and construction debris from becoming a pollutant source in stormwater
runoff;
(6)Â
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)Â
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)Â
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)Â
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)Â
Temporary practices that will be converted to
permanent control measures;
(11)Â
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in one place;
(12)Â
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(13)Â
Name(s) of the receiving water(s);
(14)Â
Delineation of SWPPP implementation responsibilities
for each part of the site.
C.Â
Land development activities, if otherwise legally required, as defined in § 164-7 of this chapter and meeting Condition A, B or C below shall include water quantity, and water quality controls (postconstruction stormwater runoff controls) as set forth in this subsection below as applicable:
(1)Â
Condition A: Stormwater runoff from land development
activities discharging a pollutant of concern to either 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)Â
Condition B: Stormwater runoff from land development
activities disturbing five or more acres.
(3)Â
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.
D.Â
SWPPP requirements for Conditions A, B and C:
(2)Â
Description of each postconstruction stormwater management
practice;
(3)Â
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice;
(4)Â
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(5)Â
Comparison of post-development stormwater runoff conditions
with predevelopment conditions;
(6)Â
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(7)Â
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice;
(8)Â
Public and/or private, as required by the Village
of Phoenix, easements to ensure access to all stormwater management
practices at the site for the purpose of inspection, maintenance,
and repair. Easements shall be recorded on the plan and shall remain
in effect with transfer of title to the property;
(9)Â
Inspection and maintenance agreement binding on all subsequent landowners served by the onsite stormwater management measures in accordance with § 164-10 of this chapter;
(10)Â
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 to the Village
of Phoenix that the design of all stormwater management practices
meet the requirements of this chapter.
E.Â
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.
F.Â
Contractor certification.
(1)Â
Each contractor and subcontractor who will be involved
in any land development activities, 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)Â
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)Â
The certification statement(s) shall become part of
the SWPPP for the land development activity.
G.Â
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.Â
Technical standards. For the purpose of this chapter,
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 chapter:
(1)Â
"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)Â
"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").
A.Â
Maintenance and inspection during construction.
(1)Â
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 chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)Â
The applicant or developer or their representative
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 logbook.
B.Â
Easement(s) agreement. 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 agreement substantially
in the form of Schedule B, attached hereto, that shall be binding
on all subsequent landowners served by the stormwater management facility.
The agreement shall provide for access to the facility at reasonable
times for periodic inspection by the Village of Phoenix to ensure
that the facility has been constructed and is maintained in proper
working condition to meet design standards and any other provisions
established by this chapter. The agreement shall be recorded by the
grantor in the Office of the County Clerk after approval by the counsel
for the Village of Phoenix. A certified copy of the recorded instrument
shall be delivered to the Village Clerk.
C.Â
Maintenance after construction. Permanent (not publicly
owned or dedicated) stormwater management facilities installed in
accordance with this chapter shall be operated and maintained to achieve
the goals of this chapter. Proper operation and maintenance also includes,
as a minimum, the following:
(1)Â
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 chapter;
(2)Â
Written procedures for operation and maintenance and
training new maintenance personnel;
D.Â
Maintenance agreements. The Village of Phoenix shall
approve a formal maintenance agreement for private stormwater management
facilities binding on the landowner and 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 and shall contain substantially the terms
and conditions of Schedule B of this chapter. The Village of Phoenix,
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 chapter
and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.
A.Â
Erosion and sediment control inspection.
(1)Â
The Village of Phoenix Stormwater Management Officer
may require such inspections as necessary to determine compliance
with this chapter and may either accept that portion of the work completed
or notify the applicant wherein the work fails to comply with the
requirements of this chapter and the stormwater pollution prevention
plan (SWPPP) as approved. In any such event, such action or inaction
by the Village of Phoenix shall not be deemed to excuse or modify
any obligations and duties of the applicant under the SPDES permit
applicable to the land development activity. The applicant shall notify
the Village of Phoenix Stormwater Management Officer at least 48 hours
before any of the following, unless waived in writing by the Village
of Phoenix:
(a)Â
Start of construction;
(b)Â
Installation of sediment and erosion control
measures;
(c)Â
Completion of site clearing;
(d)Â
Completion of rough grading;
(e)Â
Completion of final grading;
(f)Â
Close of the construction season;
(g)Â
Completion of final landscaping;
(h)Â
Successful establishment of landscaping in public
areas.
(2)Â
If any violations are found, the applicant and developer
shall be notified either verbally or in writing of the nature of the
violation and the required corrective actions. In the Village's sole
discretion, no further work may be conducted except for site stabilization
until such violations are corrected and all work previously completed
has received approval by the Stormwater Management Officer.
B.Â
Stormwater management practice inspections. The developer
shall be responsible for conducting weekly or monthly (and following
events of 1/2 inch of precipitation within a twenty-four-hour period)
as the case may be, as required by applicable NYSDEC regulations,
inspections of stormwater management practices (SMPs) to ensure compliance
and to provide inspection reports to the Stormwater Management Officers
certified to by its licensed professional engineer which reports shall
be reviewed by the Village of Phoenix at the developer's sole cost
and expense. All applicants are required to submit as-built plans
for any stormwater management practices located on-site after final
construction is completed. The plans must show the final design specifications
and as-built conditions for all stormwater management facilities and
must be certified by a professional engineer or licensed land surveyor.
C.Â
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;
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 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 stormwater management practices.
D.Â
Submission of reports. The Village of Phoenix Stormwater
Management Officer may require such other monitoring and reporting
from developers and entities subject to this chapter as are necessary
to determine compliance with this chapter.
E.Â
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 be deemed to have granted to the Village of Phoenix or its representatives the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
A.Â
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 Phoenix in its approval of the stormwater pollution prevention
plan, the Village of Phoenix may require the applicant or developer
to provide, prior to construction, a performance bond, cash escrow,
irrevocable letter of credit or irrevocable assignment of cash account,
in form satisfactory to the Village Attorney, from an appropriate
financial or surety institution which guarantees satisfactory completion
of the project and names the Village of Phoenix as the beneficiary.
The security shall be in an amount to be determined by the Village
of Phoenix 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 Phoenix, 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) 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 Village of Phoenix. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
B.Â
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 or after
construction, and for such period of time as may be deemed appropriate
by the Village of Phoenix, may be required to provide the Village
of Phoenix with a performance bond, cash escrow, irrevocable letter
of credit or irrevocable assignment of cash account, in form satisfactory
to the Village Attorney, 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 Phoenix
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.Â
Recordkeeping. Entities subject to this chapter shall
maintain records demonstrating compliance with this chapter for a
period of five years.
A.Â
Notice of violation. When the Village of Phoenix 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)Â
The name and address of the landowner, developer or
applicant;
(2)Â
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
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)Â
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)Â
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 notice of violation.
B.Â
Stop-work orders. The Village of Phoenix 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 of Phoenix 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.Â
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.Â
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
six months, 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
$700 or imprisonment for a period not to exceed six months, 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 $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
E.Â
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Stormwater Management Officer may suspend or
issue a stop-work order for the land development activity or related
work, revoke or suspend any permits issued, or otherwise prevent the
occupancy of said building or land.
F.Â
Restoration of lands. 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
of Phoenix may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
The Village of Phoenix may require any person
undertaking land development activities regulated by this chapter
to pay the costs of the Village Engineer, Attorney, or other consultants
retained by the Village of Phoenix and their prevailing rates for
review of preliminary drainage reports/studies, SWPPPs, inspections,
or SMP maintenance or enforcement performed by the Village of Phoenix
or performed by such third party for the Village of Phoenix.
