This article shall be applicable to all land disturbance activities that will disturb one acre of land or more unless exempted under §Â
198-16C of this article. This article also applies to land disturbance activities that are less than one acre of disturbance if such activities are part of a larger common plan of development or sale that will disturb one acre or more, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
In accordance with Article 2 of the Municipal Home Rule Law
of the State of New York, the Penfield Town Board has the authority
to enact laws for the purpose of promoting the health, safety, or
general welfare of the Town of Penfield, including the protection
and preservation of the property of its inhabitants. By the same authority,
the Penfield Town Board may include in any such law provisions for
the appointment of any municipal employees to effectuate and administer
such law.
The Town of Penfield may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Town of Penfield prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in §Â
198-20 of this article. At its discretion, the Town of Penfield may allow for a partial release of the financial guarantee based on the completion of various development stages.
[Amended 12-16-2015 by L.L. No. 3-2015]
Fees shall be paid in accordance with those adopted by the Town
Board. All costs to review the documents and plans, including all
inspection costs, shall be reimbursed to the Town of Penfield.