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:
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.
