A. 
Inspection during construction.
(1) 
The Town Board, or its designee, Planning Board, Town Engineer, and/or Codes Enforcement Officer of the Town of New Hartford may choose to require or conduct inspections during construction as necessary to determine compliance with the stormwater management provisions of this Part 1. Following any such inspection, the Codes Enforcement Officer 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 1 and/or the stormwater pollution prevention plan (SWPPP). So that the municipality may determine the need for an inspection, the applicant shall notify the Town of New Hartford enforcement official at least 48 hours before any of the following:
(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 of this Part 1 or other applicable codes, laws or rules 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 Codes Enforcement Officer.
B. 
As-built filing requirements. All applicants are required to submit to the Town Codes Enforcement officer 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 located on site and within 45 days of the completion of final construction. Failure to do so shall constitute a codes violation subject to enforcement.
C. 
Inspection of stormwater facilities after project completion.
(1) 
Inspection programs may be established on a reasonable basis after construction.
(2) 
The Town of New Hartford may choose to conduct 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.
(3) 
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.
(4) 
Such inspections may be performed by officials of the Town of New Hartford or the Town Board may designate an inspector required to have a professional engineer's (PE) license or certified professional in erosion and sediment control (CPESC) certificate, as long as the designated inspector is required to submit a report.
D. 
Submission of monitoring reports. The Town Board, Planning Board, and/or Codes Enforcement Officer of the Town of New Hartford may require monitoring and reporting from entities or applicants subject to this Part 1 as are necessary to determine compliance with this Part 1.
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 New Hartford the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 101-10C.
A. 
Construction completion and performance guarantee.
(1) 
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 New Hartford in its approval of stormwater management activities, the Town of New Hartford shall 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 New Hartford as the beneficiary.
(2) 
The security shall be in an amount to be determined by the Town of New Hartford, or its consultant based on submission of final design plans, with reference to actual construction and landscaping costs.
(3) 
The performance guarantee shall remain in force until the surety is released from liability by the Town of New Hartford, provided that such period shall not be less than five years 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 five-year inspection has been conducted and the facilities have been found to be acceptable to the Town of New Hartford or seventy-five-percent build out of the project, whichever is later. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
B. 
Stormwater maintenance guarantee.
(1) 
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, shall be required to provide the Town of New Hartford with a performance 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 transferred to the Town of New Hartford after completion of the period of the performance bond.
(2) 
If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities during the period of the performance bond, the Town of New Hartford may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
(3) 
A new performance bond is required during and after construction of each phase of development.
C. 
Recordkeeping. The Town of New Hartford may require entities and applicants subject to this Part 1 to maintain records demonstrating compliance with this Part 1.
D. 
The owner or developer is responsible for all violations and penalties.
A. 
Notice of violation. When the Town of New Hartford determines that stormwater, erosion and/or sediment control activities associated with a land development activity are not being carried out in accordance with the stormwater management, erosion and sediment control requirements of this Part 1, 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 Part 1 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.
B. 
Stop-work orders. The Town of New Hartford 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 activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of New Hartford 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 Part 1.
C. 
Violations. Any land development activity that is commenced or is conducted contrary to this Part 1 may be restrained by injunction or otherwise abated in a manner provided by law.
D. 
Penalties. 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 of 2% of security amount [§ 101-11A(2)] not exceeding $1,500 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 of 2% of security amount [§ 101-11A(2)] not less than $1,500 nor more than $3,000 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 of 5% of security amount [§ 101-11A(2)] not less than $3,000 nor more than $10,000 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 1 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.
E. 
Withholding of certificate of occupancy. If any building, stormwater management, erosion and sediment control, or land development activity is installed or conducted in violation of this Part 1, the Codes Enforcement Officer may prevent the occupancy of said building or land.
F. 
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 New Hartford may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
A. 
The Town of New Hartford may require any person undertaking land development activities regulated by this Part 1 to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or stormwater management maintenance performed by the Town of New Hartford or performed by a third party (P.E. Consultant) for the Town of New Hartford.
B. 
All parties involved with the preparation of the SWPPP, construction of SMPs, inspector and consultant engineering for the developer, or the Town of New Hartford, are advised to undertake the assignment under contract with adequate liability insurance.
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Part 1 shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Part 1.