[Adopted 8-15-2005 by L.L. No. 3-2005]
It is hereby determined that:
A.
Land development activities and associated increases in site impervious
may 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.
This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species, and may cause property damage;
C.
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.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
F.
Economic losses can result from adverse impacts on stormwater quantity
and velocity and on the waters;
G.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.
The regulation of stormwater runoff discharges from land development
activities is in the public interest and will help to reduce threats
to public health and safety; and
I.
Regulation of land development activities by means of standards governing
stormwater management and site design is intended to regulate development
such that it is 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 Part 1 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 § 132-1 hereof. This Part 1 seeks to meet those purposes by seeking to achieve the following objectives:
A.
Meet the minimum requirements for control of construction site and
post-construction runoff of the New York State SPDES General Permit
for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s), Permit No. GP-02-02, as amended or revised;
B.
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, as amended or revised;
C.
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;
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
F.
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.
In accordance with the Municipal Home Rule Law of the State
of New York, the Village of Cornwall-on-Hudson Village Board of Trustees
has the authority to enact and amend local laws for the purpose of
promoting the health, safety or general welfare of the Village of
Cornwall-on-Hudson 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, employee,
or independent contractor to effectuate, administer and enforce such
local law.
B.
The Village shall designate a Stormwater Management Administrator
who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board. The Stormwater
Management Administrator may:
(1)
Review the plans;
(2)
Upon approval by the Board of Trustees, engage the services of a
professional engineer to review the plans, specifications and related
documents; and/or
(3)
Accept the certification of a licensed professional that the plans
conform to the requirements of this Part 1 and other applicable laws
and regulations.
C.
All land development activities subject to review and decision by
the applicable municipal board shall be reviewed pursuant to the standards
contained in this Part 1, and other applicable laws and regulations.
D.
Stormwater pollution prevention plan (SWPPP) consistent with the requirements of Articles I and II of this Part 1 shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of this Part 1. The approved preliminary subdivision plat shall be consistent with the provisions of this Part 1.
E.
A stormwater pollution prevention plan consistent with the requirements of Articles I and II of this Part 1 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 Article II of this Part 1. The approved final subdivision plat shall be consistent with the provisions of this Part 1.
F.
A stormwater pollution prevention plan consistent with the requirements of Articles I and II of this Part 1 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article 2 of this Part 1. The approved site plan shall be consistent with the provisions of this Part 1.
The following activities may be exempt from review under this
Part 1:
A.
Agricultural activity as defined in this Part 1.
B.
Alteration or maintenance of an existing structure which will not
have an impact on the quantity or quality of the surface water discharge
from the site.
C.
Routine maintenance activities that disturb less than one acre of
land and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.
Repair to any stormwater management practice or facility deemed necessary
by the Code Enforcement Officer,[1] Engineer or other person designated by the Board of Trustees.
[1]
Editor's Note: Pursuant to a decision by the Village, the
title "Building Inspector" has been changed to "Code Enforcement Officer"
throughout the chapter.
E.
Land development activity that received approval by the Village Planning
Board prior to the effective date of this Part 1. However, said activity
shall not be exempt from compliance with applicable state laws or
regulations governing stormwater management and control.
F.
Land development activity for which a building permit has been approved
prior to the effective date of this Part 1. However, said activity
shall not be exempt from compliance with applicable state laws or
regulations governing stormwater management and control.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life, property
or natural resources.
J.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
K.
Landscaping and horticultural activities in connection with an existing
structure, provided such activities do not disturb one acre or more
of land.
The terms used in this Part 1 or in documents prepared or reviewed under this Part 1 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.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property.
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, including
ground cover, shrubs, brush and trees.
The appropriation of property by its owner for general public
use.
The New York State Department of Environmental Conservation.
The New York State Stormwater 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.
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 has or may be determined as a federal wetland;
a New York State mapped wetland; or 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 but not limited to, clearing,
grading, excavating, blasting, soil disturbance or placement of fill
that results in disturbance of one or more acres of land, or activity
that disturbs less than one acre of land area that is part of a common
plan of development or sale which will or has disturbed one or more
acres of land, 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, the developer, 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
pollutants that have been identified by the NYS DEC or Stormwater
Management Administrator 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, 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.
The Code Enforcement Officer, engineer or other person designated
by the Town Board to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect
stormwater management practices.
One or a series of stormwater management practices installed
and operated for the purpose of controlling stormwater runoff.
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.
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. No application
for approval of a land development activity shall receive approval
until the appropriate board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this
Part 1.
B.
Contents of stormwater pollution prevention plans. 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 discharges(s) (Site map should be at a scale no
smaller than one inch equals 100 feet);
(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;
(16)
Any existing data that describes the stormwater runoff at the
site; and
(17)
Any additional information shall be provided if requested by
the Stormwater Management Administrator.
C.
Land development activities as defined herein and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection D below as applicable:
(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 and construction
activities at agricultural properties.
D.
SWPPP Requirements for Conditions A, B and C:
(2)
Description of each post-construction stormwater management practice;
(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; and
E.
Plan certification. The SWPPP shall be prepared by a 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 meets the requirements in this Part 1.
F.
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.
G.
Contractor certification.
(1)
Each contractor and subcontractor 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.
H.
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 Part 1, 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 Part 1. These documents
are on file in the Village Building Department.
(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").
B.
Water quality standards. No land development activity may 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 and developer of the land development activity shall
at all times properly construct, operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which
are installed or used by the applicant or developer. 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 representative identified in the SWPPP
shall be on site at all times when land development 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, in addition, and within 24 hours of any storm event
producing 0.5 inches of precipitation or more. The reports shall be
delivered to the Stormwater Management Administrator and also copied
to the site log book.
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 declaration
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
and its agents to determine whether the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this Part 1. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel
for the Village.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices shall be operated and maintained in
compliance with the SWPPP and all other conditions of approval. Proper
operation and maintenance also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all 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 Part 1.
(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.
D.
Maintenance declarations. The property owner shall execute a formal
maintenance declaration 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 declaration shall be consistent with the terms and
conditions of Schedule A annexed as part of this Part 1, entitled
"Sample Stormwater Control Facility Maintenance Declaration."[1] The Village, at its sole discretion, may accept dedication
of any existing or future stormwater management facility, provided
such facility meets all the requirements of this Part 1 and includes
adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Appendix A is included at the end of this
Part 1.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Village of Cornwall-on-Hudson may require such inspections
as necessary to determine compliance with this Part 1 and may either
approve that portion of the work completed or notify the applicant
where the work fails to comply with the requirements of this Part
1 and the stormwater pollution prevention plan (SWPPP) as approved.
To obtain inspections, the applicant shall notify the Village of Cornwall-on-Hudson
enforcement official at least 48 hours before any of the following:
[1]
Start of construction.
[2]
Installation of sediment and erosion control measures.
[3]
Completion of site clearing.
[4]
Completion of rough grading.
[5]
Completion of final grading.
[6]
Close of the construction season.
[7]
Completion of final landscaping.
[8]
Successful establishment of landscaping in public areas.
(b)
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 Stormwater Management
Administrator.
(2)
Stormwater management practice inspections. The Village of Cornwall-on-Hudson
Stormwater Management Administrator is authorized to conduct inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans for any stormwater management practices constructed
or located on-site and off-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.
B.
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.
C.
Submission of reports. The Stormwater Management Administrator may
require monitoring and reporting from entities subject to this Part
1 as are necessary to determine compliance with this Part 1.
D.
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 storm water system, the landowner shall grant to the Village of Cornwall-on-Hudson, its officers, employees and agents, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B above.
E.
Performance guarantee.
(1)
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 Cornwall-on-Hudson
in its approval of the stormwater pollution prevention plan, the Village
of Cornwall-on-Hudson may require the applicant or developer to provide,
prior to construction, a 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 of Cornwall-on-Hudson
as the beneficiary. The security shall be in an amount to be determined
by the Village of Cornwall-on-Hudson 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 Cornwall-on-Hudson, 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 Cornwall-on-Hudson.
(2)
Performance and maintenance guarantee. The developer, prior to construction,
shall be required to provide the Village of Cornwall-on-Hudson with
a performance and maintenance bond to ensure proper construction,
operation and maintenance of all stormwater management and erosion
control facilities, both during and after construction. If the developer's
successor(s) fails to properly construct, operate and maintain stormwater
management and/or erosion and sediment control facilities, the Village,
its officers, employees and agents, may enter upon the property and
perform any work necessary to cause proper construction, operation
and/or maintenance of the facilities, and may draw upon the account
of the bond to cover all such costs, including legal, engineering
and inspection costs. The maintenance bond shall cover the estimated
cost of properly maintaining the system for five years after substantial
completion of construction.
F.
Recordkeeping. The Village of Cornwall-on-Hudson may require entities
subject to this Part 1 to maintain records demonstrating compliance
with this Part 1.
A.
This Part 1 may be enforced by the Stormwater Management Administrator.
The Stormwater Management Administrator is authorized to issue and
serve appearance tickets in connection with violations of this Part
1.
B.
It shall be a violation of this Part 1 if any land development activity
or any other disturbance of land does not fully comply with the requirements
of this Part 1, or with the terms or provisions of the SWPPP, or with
any lawful order or notice issued by the Stormwater Management Administrator.
C.
Notice of violation. If the Village determines that a violation has
occurred, the Stormwater Management Administrator may issue a written
notice of violation. The notice of violation should generally 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 Part 1 and a time schedule
for the completion of such remedial action; and
(5)
A statement of the penalty or penalties that may be assessed against
the person(s) to whom the notice of violation is directed.
D.
Stop-work orders. The Stormwater Management Administrator may issue
a stop-work order for violations of this Part 1. Persons receiving
a stop-work order shall be required to halt all land development activities,
except those permitted activities that remedy the violation(s) causing
issuance of the stop-work order. The stop-work order shall be in effect
until the Stormwater Management Administrator confirms that the land
development activity is in compliance and the violation has been satisfactorily
addressed. Failure to remedy 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 Part 1.
E.
Violations and penalties.
(1)
In addition to or as an alternative to any penalty provided herein
or by law, any person who violates the provisions of this Part 1 shall
be guilty of a violation punishable by a fine not exceeding $350 or
imprisonment for a period not to exceed 14 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 $700 or imprisonment for a period
not to exceed 14 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 $700 nor more than
$1,000 or imprisonment for a period not to exceed 14 days, or both.
Each day's continued violation shall constitute a separate additional
violation.
(2)
Civil penalties.
(a)
In addition to and not in lieu of the above, any person who
violates any provision of this Part 1 or who builds or alters any
structure or use of land in violation of any statement or plan submitted
and approved thereunder who assists therein shall be liable to the
Village for a civil penalty in an amount not to exceed $350 for a
first violation; in an amount not less than $350 nor more than $700
for a second violation committed within a period of five years of
the first violation; and in an amount of not less than $700 nor more
than $1,000 for a third and each subsequent violation committed within
a period of five years of the first violation. Each week's continued
violation shall constitute a separate additional violation.
(b)
Civil penalties may be ordered in any action or proceeding by
any court of competent jurisdiction, including but not limited to
state and federal courts. All penalties shall be paid to the Village.
(c)
The judgment amount of any civil penalty ordered pursuant to
this section, if not paid, may be assessed and levied against the
real property which is the subject of the penalty and collected in
the same manner as a real property tax.
(3)
In addition to and not in lieu of the remedies authorized above,
the Board of Trustees or the Enforcement Officer may institute any
appropriate action or proceeding to prevent, restrain, enjoin, correct
or abate any violation or threatened violation of this Part 1 or to
enforce any provision of this Part 1.
(4)
In addition to and not in lieu of the remedies authorized above,
where a violation of this Part 1 may cause injury or damage to public
or private property or to the public interest or environment or may
cause, in whole or in part, noncompliance by the Village with stormwater
or erosion control requirements, then, after due notice and opportunity
to be heard is given the violator, the Village, its officers, employees
and agents, shall have the authority to enter upon private property
and take necessary corrective and restorative action to remedy such
violation. All costs of such Village action, including but not limited
to corrective, engineering, legal and administrative costs, shall
be billed to the owner of the property. If not paid, such costs may
be assessed and levied against the property and collected in the same
manner as real property tax. In the event of an emergency, the Village
shall be authorized to enter upon the property and take action without
notice to the property owner or opportunity to be heard.
F.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
Part 1, no certificate of occupancy shall be issued and no building
or land shall be occupied.
G.
Restoration of lands. Any violator of this Part 1 may be required
to restore land to its undisturbed or prior condition. In the event
that restoration is not undertaken within a reasonable time after
notice and opportunity to be heard, the Village, its officers, employees
and agents, shall have the authority to enter upon the private property
and take necessary corrective and restorative action to remedy violations
of this Part 1. All costs of such Village action, including but not
limited to corrective, engineering, legal and administrative costs,
shall be billed to the owner of the property. If not paid, such costs
may be assessed and levied against the property and collected in the
same manner as real property tax.
The Village of Cornwall-on-Hudson may require any person undertaking
land development activities regulated by this Part 1 to reimburse
to the Village the Village's reasonable costs for review of SWPPPs,
inspections, or SMP maintenance performed by or on behalf of the Village.
