Village of Asharoken, NY Erosion and Sediment Control; Stormwater Management

It is the intent of this legislation to adopt a stormwater management and erosion and sediment control chapter that will satisfy the relevant part of the Phase II Stormwater regulations adopted by the New York State Department of Environmental Conservation.

§ 44-2 Purpose.

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 § 44-3, hereof. This chapter seeks to meet those purposes by achieving the following objectives:

Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;

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;

Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

Reduce stormwater runoff rates and volumes, 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.

§ 44-3 Findings of fact.

It is hereby determined that:

Land development activities and associated 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;

This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;

Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;

Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation;

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;

Substantial economic losses can result from these adverse impacts on the waters of the Village;

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;

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.

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.

§ 44-4 Word usage; definitions.

For the purposes of this chapter, certain terms and words are hereby defined. Words used in the present tense include the future, words in the singular include the plural and words in the plural include the singular; the word "shall" is mandatory. Notwithstanding some references for definitional purposes to the Village Code, the omission of such references in other instances shall not be taken as an intent not to use such definitions for specific terms that are not defined in this section and are defined in said Code, when it is deemed by the Building Inspector or any other official, board or committee of the Village to be appropriate to do so. Moreover, no definition used in this chapter shall be deemed to apply to any other chapter of the Code, if defined differently in that chapter.

As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT

A property owner or agent of a property owner who has filed an application for a land development activity.

BUILDING

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.

CHANNEL

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING

Any activity that removes the vegetative surface cover.

DEDICATION

The deliberate appropriation of property by its owner for general public use.

DEPARTMENT/DEC

The New York State Department of Environmental Conservation.

DESIGN MANUAL

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.

DEVELOPER

A person who undertakes land development activities.

DISTURBANCE

Clearing, grading, excavation of soil, and/or placement of fill, whether or not such activity is part of construction activity.

EPA

The United States Environmental Protection Agency.

EROSION CONTROL MANUAL

The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."

GRADING

Excavation or fill of material, including the resulting conditions thereof.

IMPERVIOUS COVER

Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

INFILTRATION

The process of percolating stormwater into the subsoil.

JURISDICTIONAL WETLAND

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."

LAND DEVELOPMENT ACTIVITY

Construction activity including, but not limited to, clearing, grading, excavating, soil disturbance and/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.

LANDOWNER

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.

MS4s

Municipal separate storm sewer systems.

MAINTENANCE AGREEMENT

A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

NONPOINT SOURCE POLLUTION

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.

PHASING

Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

POLLUTANT OF CONCERN

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.

PROJECT

Land development activity.

RECHARGE

The replenishment of underground water reserves.

SEDIMENT CONTROL

Measures that prevent eroded sediment from leaving the site.

SENSITIVE AREAS

Coldwater fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.

SMO

The Stormwater Management Officer.

SMPs

Stormwater management practices.

SPDES

State Pollutant Discharge Elimination System.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01

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.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02

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.

STATE

The State of New York.

STABILIZATION

The use of practices that prevent exposed soil from eroding.

STOP-WORK ORDER

An order issued which requires that all construction activity on a site be stopped.

STORMWATER

Rainwater, surface runoff, snowmelt and drainage.

STORMWATER HOTSPOT

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.

STORMWATER MANAGEMENT

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.

STORMWATER MANAGEMENT FACILITY

One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

STORMWATER MANAGEMENT OFFICER

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.

STORMWATER MANAGEMENT PRACTICES (SMPs)

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.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

STORMWATER RUNOFF

Flow on the surface of the ground resulting from precipitation.

SURFACE WATERS OF THE STATE OF NEW YORK

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.

SWPPP

Stormwater pollution prevention plan.

WATERCOURSE

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERWAY

A channel that directs surface runoff to a watercourse or to the public storm drain.

§ 44-5 Statutory authority.

In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Board of Trustees of the Village of Asharoken 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 and for the protection and enhancement of its physical environment. The Board of Trustees 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.

§ 44-6 Applicability.

This chapter shall be applicable to all land development activities as defined in this chapter.

The municipality shall designate a Stormwater Management Officer (SMO) who shall accept all stormwater pollution prevention plans and forward such plans to the applicable Village Board. The Stormwater Management Officer may either:

(1)

Review the plans;

(2)

Upon approval by the Village Board of Trustees of the Village of Asharoken, engage the services of a professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or

(3)

Accept the certification of a licensed professional engineer or a certified professional in erosion and sediment control (CPESC) that the plans conform to the requirements of this chapter.

All land development activities subject to review and approval by any Board of the Village shall be reviewed by such Board consistent with the standards contained in this chapter.

All land development activities not subject to review as stated in Subsection C above shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this chapter.

§ 44-7 Exemptions.

The following activities may be exempt from review under this chapter:

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.

Repairs to any stormwater management practice or facility deemed necessary by the SMO.

Any part of a subdivision if a plat for the subdivision has been approved by the Village of Asharoken Planning Board on or before the effective date of this chapter, except where the Planning Board has reserved site plan review or other continuous jurisdiction.

Land development activities for which a building permit has been approved on or before the effective date of this chapter.

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

Emergency activity immediately necessary to protect life, property or natural resources.

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.

Landscaping and horticultural activities in connection with an existing structure.

§ 44-8 Stormwater pollution prevention plans.

Stormwater pollution prevention plan requirement. 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 chapter.

Contents of stormwater pollution prevention plans.

(1)

All SWPPPs shall provide the following background information and erosion and sediment controls:

(a)

Background information about the scope of the project, including location, type and size of project;

(b)

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 discharges(s). The site map shall be at a scale no smaller than one inch equals 100 feet;

(c)

Description of the soil(s) present at the site;

(d)

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;

(e)

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;

(f)

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;

(g)

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 closeout;

(h)

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

(i)

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(j)

Temporary practices that will be converted to permanent control measures;

(k)

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;

(l)

Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(m)

Name(s) of the receiving water(s);

(n)

Delineation of SWPPP implementation responsibilities for each part of the site;

(o)

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

(p)

Any existing data that describes the stormwater runoff at the site.

(2)

Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth below as applicable:

(a)

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.

(b)

Condition B: stormwater runoff from land development activities disturbing five or more acres.

(c)

Condition C: stormwater runoff from land development activity disturbing at least one but less than five acres of land during the course of the project, exclusive of the construction of single-family residences.

(3)

SWPPP requirements for Conditions A, B and C:

(a)

All information in Subsection B of this section;

(b)

Description of each postconstruction stormwater management practice;

(c)

Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;

(d)

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;

(e)

Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;

(f)

Dimensions, material specifications and installation details for each postconstruction stormwater management practice;

(g)

Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;

(h)

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;

(i)

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with this chapter.

Plan certification. The SWPPP shall be prepared by a licensed professional landscape architect or a licensed 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 of this chapter.

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.

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.

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.

§ 44-9 Performance and design criteria.

All land development activities shall be subject to the following performance and design criteria:

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)

The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereinafter 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, hereinafter referred to as the "Erosion Control Manual").

Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A above and the SWPPP shall be prepared by a licensed professional, as per § 44-8C, above.

Water quality standards. 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.

§ 44-10 Maintenance, inspection and repair of stormwater facilities.

Maintenance and inspection during construction.

(1)

The applicant or developer of the land development activity or their representative 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)

For land development activities as defined in chapter and meeting Condition A, B or C of § 44-8, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.

(3)

At the discretion of the SMO, the applicant, developer or their representative may be required to be on site at all times during the construction or grading activities that take place for the purposes of inspection and documentation of the effectiveness of all erosion and sediment control practices.

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 to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the Suffolk County Clerk after approval by the counsel for the Village.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall ensure they are operated and maintained to achieve the goals of this chapter. 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 chapter.

(2)

Written procedures for operation and maintenance and training new maintenance personnel.

(3)

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with this chapter.

Maintenance agreements. The Village shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the Office of the Suffolk 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 this chapter. The Village, 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.

§ 44-11 Subdivision regulations.

A stormwater pollution prevention plan (SWPPP) consistent with the requirements of this chapter shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards of this chapter. The approved preliminary subdivision plat shall be consistent with the provisions of this chapter.

A stormwater pollution prevention plan consistent with the requirements of this chapter and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in this chapter. The approved final subdivision plat shall be consistent with the provisions of this chapter.

§ 44-12 Construction inspection.

Erosion and sediment control inspection.

(1)

The Village Stormwater Management Officer may require such inspections as 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 stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Village enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:

(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 any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.

Stormwater management practice inspections. The Village Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices 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 licensed professional engineer.

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.

Submission of reports. The Village Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.

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 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.

§ 44-13 Performance guarantee; maintenance guarantee; recordkeeping.

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 stormwater pollution prevention plan, the Village may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution 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 the 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) 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. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer, 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 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 may draw upon the account 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 the draw, is no longer sufficient to ensure the proper operation and maintenance of the facility, the Village may require an additional escrow, bond or letter of credit.

Recordkeeping. The Village may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.

§ 44-14 Fees for services.

The Village requires any person undertaking land development activities regulated by this chapter to reimburse the Village for costs of review of SWPPPs, inspections, or SMP maintenance performed by the Village or performed by a third party for the Village in accordance with such resolutions as may be adopted from time to time by the Board of Trustees.

§ 44-15 Enforcement; penalties for offenses.

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, it may issue a written notice of violation to the landowner. 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 notice of violation.

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.

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 this chapter.

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 purposes only all provisions of law relating to misdemeanors shall apply to such violations. Each week, or part thereof, such violation continues following notification by the Village, shall constitute a separate offense punishable in a like manner.

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 prevent the occupancy of said building or land.

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 at 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 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 real property taxes; or

(2)

Seek a court order to take any and all measures reasonably necessary 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.

§ 44-16 Violations deemed a public nuisance.

In addition to the enforcement processes and penalties provided, and condition caused by 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.

§ 44-17 Remedies not exclusive.

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.