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Town of Kingsbury, NY
Washington County
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A. 
Erosion and sediment control inspection.
(1) 
The Stormwater Management Officer may require such inspections as necessary to determine compliance with this part 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 part and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Stormwater Management Officer 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.
B. 
Stormwater management practice inspections. The 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 professional engineer.
C. 
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; 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. 
Submission of reports. The Stormwater Management Officer may require monitoring and reporting from entities subject to this part as are necessary to determine compliance with this part.
E. 
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 Town of Kingsbury 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. 
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 Town of Kingsbury in its approval of the stormwater pollution prevention plan, the Town of Kingsbury 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 Town of Kingsbury as the beneficiary. The security shall be in an amount to be determined by the Stormwater Management Officer 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 Town of Kingsbury, 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 Town of Kingsbury. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
B. 
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Kingsbury with 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 Town of Kingsbury may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C. 
Recordkeeping. The landowner or operator of the property shall maintain records showing compliance with this part and the stormwater pollution prevention plan for a period of seven years, measured from the first year applicable to such plan or other document, including any annual compliance reports required to show continued compliance with any SWPPP.
A. 
Notice of violation.
(1) 
When the SMO determines that a land development activity is not being carried out in accordance with the requirements of this part, it may issue a written notice of violation to the landowner. The notice may include a provision requiring the persons receiving such notice of violation to halt all land development activities, except those activities that address the violations leading to the notice of violation. The notice of violation shall contain:
(a) 
The name and address of the landowner, developer or applicant;
(b) 
The address, when available, or a description of the building, structure or land upon which the violation is occurring;
(c) 
A statement specifying the nature of the violation;
(d) 
A description of the remedial measures necessary to bring the land development activity into compliance with this part and a time schedule for the completion of such remedial action;
(e) 
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(f) 
That the landowner, developer or applicant has 48 hours to remedy the violation contained therein; and
(g) 
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.
(2) 
The notice of violation shall be in effect until the SMO confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation within the time frame set forth therein may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this part.
B. 
Appeal of notice of violation or stop-work order. Any person receiving a notice of violation may appeal the determination of the SMO to the Town Board of the Town of Kingsbury within 15 days of its issuance, which shall hear the appeal within 30 days after the filing of the appeal and, within five days of making its decision, file its decision in the office of the Municipal Clerk and mail a copy of its decision by certified mail to the discharger.
C. 
Corrective measures after appeal.
(1) 
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five business days of the decision of the municipal authority upholding the decision of the SMO, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
(2) 
If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.
D. 
Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this part. If a person has violated or continues to violate the provisions of this part, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
E. 
Alternative remedies.
(1) 
Where a person has violated a provision of this part, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal Code Enforcement Officer, where:
(a) 
The violation was unintentional;
(b) 
The violator has no history of previous violations of this part;
(c) 
Environmental damage was minimal;
(d) 
Violator acted quickly to remedy violation; and
(e) 
Violator cooperated in investigation and resolution.
(2) 
Alternative remedies may consist of one or more of the following:
(a) 
Attendance at compliance workshops.
(b) 
Storm drain stenciling or storm drain marking.
(c) 
River, stream or creek cleanup activities.
F. 
Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this part 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.
G. 
Remedies not exclusive. The remedies listed in this part 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.
H. 
Penalties, for offenses. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this part 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 part 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.
I. 
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this part, the Stormwater Management Officer may prevent the occupancy of said building or land.
J. 
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 Town of Kingsbury may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
The Town of Kingsbury may require any person undertaking land development activities regulated by this part to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Kingsbury or performed by a third party for the Town of Kingsbury.