Village of Malverne, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Malverne 5-5-2004 by L.L. No. 1-2004 (Ch. 14 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 313.
Property maintenance — See Ch. 460.
Zoning — See Ch. 600.
A. 
Background.
(1) 
In 1972, amendments to the Federal Water Pollution Control Act prohibited the discharge of pollutants into navigable waters from a point source unless authorized by a National Pollutant Discharge Elimination System (NPDES) permit. Improving water quality under this program focused on industrial wastewater and municipal sewage discharges. Once the United States Environmental Protection Agency (EPA) found an improvement in pollution control of these point source discharges, it shifted its regulatory focus to nonpoint source pollution, namely urban stormwater runoff. A series of studies in the 1980s identified many pollutants in stormwater discharges from a variety of sources, including streets, parking lots, lawns, construction sites, highway yards and other urban commercial and industrial uses. As a result, in 1990 the EPA established Phase I stormwater regulations for large communities with populations greater than 100,000 which required National/State Pollution Discharge Elimination System (N/SPDES) permits for certain municipal and industrial stormwater discharges. In 1991 Phase II of these regulations was finalized, requiring smaller communities within urbanized areas to develop plans for the control of stormwater within their jurisdictions by March 2003, with implementation by 2008.
(2) 
The Village of Malverne, as an operator of a municipal separate stormwater system (MS4), is subject to these permitting requirements as the State of New York Department of Environmental Conservation has designated the Village as an "Automatically Designated Urbanized Area." The initial step toward providing a stormwater pollution prevention plan under Phase II is to develop and implement six minimum measures, including public education, public involvement, detection and elimination of illicit connections, construction site runoff, post-construction stormwater controls, pollution prevention and good housekeeping. This chapter is intended to meet a number of these measures. The various provisions of this chapter work to meet these objectives by regulating the impacts of construction activity in the Village on soil erosion and stormwater runoff. For most single-family residences, stormwater runoff is managed with the installation of dry wells, catch basins, driveway and/or curtain drains, or piping to nearby existing municipal storm sewer systems. Typical erosion control measures include the installation of silt fences and hay bales around the property during construction.
(3) 
This chapter acknowledges the difference between large construction projects typically requiring Planning Board site plan or subdivision approval and more modest additions or improvements by requiring more detailed information for the large projects and basic information for the smaller projects.
B. 
Findings. The Board of Trustees of the Village of Malverne finds that uncontrolled drainage and runoff associated with land development have a significant impact upon the health, safety and welfare of the community. Specifically:
(1) 
Stormwater runoff can carry pollutants into receiving water bodies, degrading water quality.
(2) 
The increase in nutrients in stormwater runoff such as phosphorus and nitrogen accelerates eutrophication of receiving waters.
(3) 
Improper design and construction of drainage facilities can increase the velocity of runoff, thereby increasing stream bank erosion and sedimentation.
(4) 
Construction involving land clearing and the alteration of natural topography increases erosion.
(5) 
Siltation of water bodies resulting from increased erosion decreases their capacity to hold and transport water, interferes with navigation in downstream harbors, and harms flora and fauna.
(6) 
Sediment from soil erosion clogs catch basins, storm sewers and ditches and pollutes and silts streams, rivers, lakes, reservoirs and harbors.
(7) 
Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
(8) 
Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life.
(9) 
Substantial economic losses can result from these adverse impacts on community waters.
(10) 
Many future problems can be avoided if land is developed with sound stormwater runoff management practices.
In order to protect, maintain and enhance both the immediate and long-term health, safety and general welfare of the citizens of the Village of Malverne, this chapter has the following objectives in accordance with certain measures identified in the SPDES Phase II regulations:
A. 
To prevent increases in the magnitude and frequency of stormwater runoff so as to prevent an increase in flood flows and in the hazards and costs associated with flooding.
B. 
To prevent decreases in groundwater recharge and stream base flow so as to maintain aquatic life, assimilative capacity, and potential water supplies.
C. 
To maintain the integrity of stream geometry so as to sustain the hydrologic functions of streams.
D. 
To control erosion and sedimentation so as to prevent its deposition in streams and other receiving water bodies.
E. 
To regulate and control the design, construction, use and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land situated in the Village.
F. 
To facilitate the removal of pollutants in stormwater runoff so as to perpetuate the natural biological and recreation functions of streams, water bodies and wetlands.
G. 
To secure, to the extent possible, multiple community benefits such as groundwater replenishment, open space protection and increased recreational opportunity through integrated land use-stormwater management planning.
In accordance with Articles 4 and 20 of the Village Law of the State of New York, the Village of Malverne has the authority to enact local laws for the purpose of promoting the health, safety or general welfare of the Village. The Village may include in any such local law provisions for the appointment of any municipal officer or employees to effectuate and administer such local law.
A. 
Use of words. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the words "parcel" and "plot"; and the word "building" includes the word "structure."
B. 
Definitions. Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this chapter the most effective application. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.
ADDITION
Any work on an existing structure that changes the external dimensions of such structure.
ADJOINING PROPERTY
Any property facing a work site across any right-of-way, street or highway shall be deemed "adjoining property," as well as any property contiguous on any side.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BEST MANAGEMENT PRACTICES (BMP)
Procedures and methods pertaining to construction activities which are intended to minimize water pollution, retain valuable topsoil and prevent erosion and sedimentation, and include, but are not limited to, those practices contained in the Nassau County Best Management Practices Manual Series.
BEST MANAGEMENT PRACTICES MANUALS
The most recent editions of a series of manuals published by the County of Nassau and the State of New York, consisting of various volumes on best management practices for certain described activities, and specifically, the publications titled "Nassau County Best Management Practices Manual for Erosion and Sediment Control, "New York Guidelines for Urban Erosion and Sediment Control" and "Stormwater Management Design Manual."
DETENTION
A practice to store stormwater runoff by collection as a temporary pool of water and providing for its gradual (attenuated) release over 24 hours or more; a practice which is used to control peak discharge rates, and which provides gravity settling of pollutants.
DEVELOPMENT
To make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, clearing of vegetation, grading, earth moving, providing utilities and other services such as parking facilities, stormwater management and erosion control systems, altering landforms, or construction of a structure on the land.
EROSION
The removal of soil particles by the action of water, wind, ice or other meteorological or geological agents.
EXFILTRATION
The downward movement of runoff through the bottom of an infiltration system into the soil.
EXISTING GRADE
The vertical location of the existing ground surface prior to excavation or filling.
FILL
Any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by man to a new location and shall include the conditions resulting therefrom.
FINAL GRADE
The vertical location of the ground or pavement surface after the grading work is completed in accordance with the site development plan.
FIRST FLUSH
The delivery of a disproportionately large load of pollutants during the early part of storms due to rapid runoff of accumulated pollutants. The first flush is defined as the runoff generated from the first half-inch of runoff or runoff resulting from a one-year, twenty-four-hour storm, whichever is greater, from land which has been made more impervious from pre-development conditions through land grading, a change in vegetative cover, or construction/development activities.
FOREBAY
An extra storage area or treatment area, such as a sediment pond or created wetland, near an inlet of a stormwater management facility to trap incoming sediments or take up nutrients before they reach a retention or extended detention pond.
GRADING
Excavation or fill or any combination thereof, and shall include the conditions resulting from any excavation or fill.
IMPERVIOUS AREA
Impermeable surfaces, such as, but not limited to, pavement, walks, patios, terraces, decks, rooftops, tennis courts and swimming pools, which prevent the percolation of water into the soil.
INFILTRATION
A practice designed to promote the recharge of groundwater by containment and concentration of stormwater into porous soils.
INFILTRATION BASIN
An impoundment made by excavation or embankment construction to contain and exfiltrate runoff into the soil.
LAND-DISTURBING ACTIVITY
Any change to land which may result in soil erosion from water or wind and the movement of soil into water or onto lands, alteration of a drainage system, or increased runoff of waters, including, but not limited to, clearing, grading, excavating, transporting and filling of land.
MS4
Municipal separate storm sewer system.
MUNICIPAL PERMIT
Any permits or licenses issued by the Village of Malverne, including, but not limited to, building, grading, demolition, clearing, topsoil removal, excavation and tree removal permits, and subdivision, special use permit and site plan approvals.
NPDES
National Pollutant Discharge Elimination System.
OUTFALL
The terminus of a storm drain where the contents are released.
PEAK FLOW
The maximum rate of flow of water at a given point and time resulting from a storm event.
PEAK FLOW ATTENUATION
The reduction of the peak discharge of storm runoff by storage and gradual release of that storage.
PERSON
Any corporation, partnership, association, trust, estate, or any other entity, including state and local governments and agencies, authorities, or other political subdivisions thereof, and one or more individuals.
RETENTION
A practice designed to store stormwater runoff by collection as a permanent pool or tank of water without release except by means of evaporation, infiltration, or attenuated release when runoff volume exceeds the permanent storage capacity of the permanent pool or tank.
RIP-RAP
A combination of large stone, cobbles and boulders used to line channels, stabilize stream banks and reduce runoff velocities.
SOIL STABILIZATION
Measures which protect soil from the erosive forces of raindrop impact and flowing water and include, but are not limited to, vegetative establishment, mulching, and the early application of gravel base on areas to be paved.
SPDES
State Pollutant Discharge Elimination System.
START OF CONSTRUCTION
The first land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of utilities, streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and the installation of temporary or accessory buildings such as construction sheds or trailers and garages.
STORMWATER APPURTENANCES
Structures such as dry wells, catch basins, piping, storm drains and detention/retention basins designed to control and manage the flow of stormwater.
STORMWATER CONVEYANCE SYSTEM
Collection or arrangement of varieties of stormwater appurtenances to control and manage the flow of stormwater.
STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL PLAN
Plans prepared by a professionally qualified person or persons with expertise in stormwater management and erosion and sediment control, such as a New York State licensed engineer or licensed landscape architect or a certified professional in erosion and sediment control (CPESC). These plans shall indicate the specific measures and sequencing to be used in controlling erosion and sediment on a development site during and after construction, showing the proposed use of the site and showing the methods, techniques and improvements that will be employed to control erosion and sedimentation, which shall employ best management practices. The plan shall contain all surface water calculations, unless set forth in an accompanying document.
STREAM CORRIDOR
The landscape features on both sides of a stream, including soils, slope and vegetation, whose alteration can directly impact the stream's physical characteristics and biological properties.
STRIPPING
Any activity that removes the vegetative surface cover, including tree removal, clearing, and storage or removal of topsoil.
SWALE
A natural depression or a wide, shallow ditch used to temporarily route or filter runoff.
TEMPORARY STREAM CROSSING
A temporary structural span installed across a flowing watercourse for use by construction traffic. Structures may include bridges or pipes.
WATERCOURSE
Any natural or artificial, intermittent, seasonal or permanent and public or private water body or watercourse. A water body is intermittently, seasonally or permanently inundated with water and contains a discernible shoreline and includes ponds and lakes. A watercourse includes rivulets, brooks, creeks, streams, rivers and other waterways flowing in a definite channel with bed and banks and usually in a particular direction.
For the purposes of this chapter, a stormwater management and erosion and sediment control permit shall not be required for the following activities:
A. 
Lawn maintenance and landscaping of existing cultivated areas, including gardens.
B. 
Alteration to the interior of a building and alteration to the exterior of a building, provided that such exterior alteration does not increase land coverage by the building, pavement, walks, patio, tennis court, swimming pool, etc., and the alteration does not involve the demolition of a part or all of the exterior of an existing building.
C. 
Construction of an addition to an existing structure or any land-disturbing activity that involves less than 500 square feet. However, any land-disturbing activity of any area shall follow the applicable soil erosion BMP provided by the Village.
D. 
Any emergency activity which is immediately necessary for the protection of life, property or natural resources, as determined by the Village Building Inspector.
E. 
Activities of the Village in regard to the permitting provisions.
Upon written request from the applicant, the Village Building Inspector may grant a waiver, in writing, from any requirement of this chapter, specifically identifying the reasons therefor, using the following criteria:
A. 
Special circumstances applicable to the subject property, its intended use, or the scope of the project.
B. 
Said waiver will not:
(1) 
Result in an increase or decrease in the rate or volume of surface water runoff;
(2) 
Result in an adverse impact on a wetland, watercourse or water body;
(3) 
Result in degradation of water quality; or[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Otherwise impair the attainment of the objectives of this chapter.
No person shall commence or carry out any development or land-disturbing activity in the Village of Malverne that involves more than 500 square feet without first obtaining the proper stormwater management and erosion and sediment control permit from the Village Building Inspector, and all other necessary local, state and federal permits, and thereafter complying with the requirements of this chapter.
The following shall apply to applications for permits for land-disturbing activities involving greater than 500 square feet and up to and including 15,000 square feet:
A. 
It is the responsibility of an applicant to include sufficient information in the stormwater management and erosion control and sediment plan for the Village to evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on community waters and the effectiveness and acceptability of those measures proposed by the applicant for reducing or mitigating adverse impacts.
B. 
An application for a stormwater management and erosion and sediment control permit shall be made on forms provided by the Village, and shall include the name(s) and address(es) of the owner, contract vendee, or developer of the site, and of any consulting firm retained by the applicant, together with the name and telephone number of the applicant's principal contact at such firm. Each application shall include a certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved and the permit issued. The permit will be valid for the same period as the associated building or other municipal permit. Where a building or other municipal permit is not issued, the stormwater management and erosion and sediment control permit shall expire within 180 days unless renewed by the Village Building Inspector.
C. 
Required information.
(1) 
Each application shall be accompanied by the following, unless specifically waived by the Village Building Inspector based on the scope of the project:
(a) 
A vicinity map.
(b) 
A stormwater management and erosion and sediment control plan for the site showing drainage patterns, on-site stormwater appurtenances, wetlands, one-hundred-year floodplains, and proposed use of the site, including areas of excavation, grading and filling.
(c) 
Stormwater management improvements, including calculations, designs and special measures regarding safety and maintenance operations.
(d) 
Stormwater conveyance system, including plans, designs and materials to be used for improvements and erosion control in channel sections of stormwater conveyance systems and erosion control measures at culvert inlets and outfalls.
(2) 
The above plans shall comply with the guidelines and specifications of the most recent editions of "Reducing the Impacts of Stormwater Runoff from New Development" (NYSDEC), "Stormwater Management Design Manual" (NYSDEC), Nassau County "Best Management Practices Manual for Erosion and Sediment Control," and New York "Guidelines for Urban Erosion and Sediment Control" and include:
(a) 
Temporary erosion and sediment control measures with implementation and maintenance schedules.
(b) 
Permanent erosion and sediment control improvements showing location of improvements and an implementation and maintenance schedule.
The following shall apply to applications for permits for land-disturbing activities involving greater than 15,000 square feet:
A. 
It is the responsibility of an applicant to include sufficient information in the stormwater management and erosion and sediment control plan for the Village to evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on community waters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing or mitigating adverse impacts.
B. 
An application for a stormwater management and erosion and sediment control permit shall be made on forms provided by the Village, and shall include the name(s) and address(es) of the owner, contract vendee, or developer of the site, and of any consulting firm retained by the applicant, together with the name and telephone number of the applicant's principal contact at such firm. Each application shall include a certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit. The permit will be valid for the same period as the associated building or other municipal permit, or as may be specified by the Village Building Inspector.
C. 
Required information.
(1) 
Each application shall be accompanied by the following, unless specifically waived by the Village Building Inspector based on the scope of the project:
(a) 
A vicinity map in sufficient detail to easily locate the site for which the permit is sought, including the boundary lines and approximate acreage for the site, the existing zoning, the date of the plan (to include the date of any revisions), North point, scale and legend.
(b) 
A stormwater management and erosion and sediment control plan for the site, including:
[1] 
Existing topography of the site and adjacent land clearly portraying the drainage patterns of the area, including ditches, culverts, permanent or intermittent streams, wetlands or other water bodies, existing roads and sizes of existing culverts.
[2] 
The location of existing buildings, structures, utilities, water bodies, floodplains, drainage facilities, vegetative cover, the size and species of trees with a trunk diameter of four inches or more at a point 4 1/2 feet above ground level, paved areas, watershed divides, and other significant natural or man-made features on the site, and adjacent land within approximately 50 feet of the boundary.
[3] 
An analysis of site limitations and development constraints by including such factors as slope, soil type and erodibility, depth to bedrock, depth to seasonal high water, soil percolation, etc., to facilitate evaluation of site suitability for proposed stormwater and erosion facilities in relation to the overall development proposal.
[4] 
Wetlands boundaries and designated one-hundred-year floodplain boundaries, including one-hundred-year flood elevations and floodways where applicable. Such elevations should be based on the National Geodetic Vertical Datum of 1929. The plan shall also indicate the size of culverts downstream of the project, and existing easements for storm drains, sewers and other utilities.
[5] 
Proposed use of the site, including both present and proposed development; areas of excavation, grading and filling; proposed contours, finished grades and street profiles; provisions for stormwater management, including control of accelerated runoff, with a drainage area map and computations; kinds and locations of utilities; and areas and square feet proposed to be paved, covered, sodded or seeded, vegetatively stabilized, or left undisturbed.
(c) 
Comparison of pre-development with post-development runoff, including:
[1] 
Description of the methodology used to compare and evaluate pre- with post-development runoff conditions in terms of volumes, peak rates of runoff, routing and hydrographs.
[2] 
Calculation of peak discharge rates and total runoff volumes from the project area for existing site conditions and post-development conditions. The relevant variables used in this determination, such as the curve number and time of concentration, should be included. Downstream analysis, including peak discharge rates, total runoff volumes and evaluation of impacts to receiving water and/or wetlands, should be evaluated. Storage volume and surface area requirements should be calculated. Discharge provisions for the proposed control measures, including peak discharge rates, outlet design, discharge capacity for each stage, outlet channel design and a description of the point of discharge, should be provided.
[a] 
For sites of two acres or more, stormwater management practices shall be adequate to provide for storm intensities of 100, 50, 25, 10 and two years.
[b] 
For sites of less than two acres, stormwater management practices shall be adequate to provide for storm intensities of 25, 10, five and two years.
[3] 
Description of the methodology used to compare and evaluate pre- with post-development pollutant loading. Contaminants to be compared include, when applicable, total suspended solids, total phosphorus, total nitrogen and biological oxygen demand. Pollutant loading coefficients may be used. Water quality treatment improvements should be designed to meet the above specified stormwater management practice(s). Compare pollutant loading between "before" and "after" conditions, with computations.
[4] 
Calculation of the necessary storage volumes and the proposed stormwater management measure(s) described in detail, providing sufficient detail of the water quality control measures to ensure that the relevant design criteria will be met. Such detail may include surface area dimensions, depths, inlet designs, planting specifications for use of aquatic vegetation, percent solids removal expected, discharge rates and outlet design.
[5] 
Assumptions used in making the calculations.
[6] 
Assumptions and coefficient values used in the hydrologic calculations for making the above comparisons. Evaluate the post-development effect of stormwater runoff on identified floodplains or designated flood hazard areas in the community.
(d) 
Stormwater management improvement plan, including:
[1] 
Narrative of all proposed stormwater management improvements. A soil profile to at least five feet below the stormwater management improvements should be provided.
[2] 
Designs of proposed stormwater management improvements for peak flow attenuation and water quality management and an indication of which improvements will be used to attenuate peak flows, which will be used to enhance stormwater runoff quality and which improvements will serve a dual role; identification of the materials to be used in constructing these improvements.
[3] 
Calculations for sizing stormwater improvements should be provided.
[4] 
Designs and calculations for siting and sizing such specialized measures and devices as filter strips, water quality inlets (oil/grit separator), forebays, etc., which will be used to remove sediment, oil-based products and other contaminants found in urban runoff.
[5] 
Evaluation of the amount of treatment or level of pollutant reduction that can be expected from the proposed stormwater management improvement(s). Contaminants to be considered in this evaluation, when determined appropriate by the Village Building Inspector, include total suspended solids (TSS), total phosphorus (P), total nitrogen (N), biological oxygen demand (BOD) and thermal pollution. Evaluation of the effectiveness of stormwater management practices can be based on reports on the effectiveness of comparable stormwater improvements on similar sites.
[6] 
Information on the design provisions that address safety considerations (e.g., gentle slopes and benches in ponds or stream banks) and accommodate maintenance needs (including access to conduct maintenance operations).
(e) 
Stormwater conveyance system plan, including:
[1] 
A narrative of the stormwater conveyance (drainage) system indicating which segments of the drainage system are open channels and which segments are piped (culverts) and which provide a rationale and justification for installing piped segments.
[2] 
Plan view and cross-sectional designs of stormwater conveyance systems with hydrologic calculations for siting and sizing the stormwater conveyance system. The plan shall also identify materials to be used.
[3] 
Plans and designs identifying materials to be used for preventing erosion in channel sections of stormwater conveyance systems and erosion control measures at culvert inlets and outfalls.
(2) 
The above plans shall comply with the guidelines and specifications of the most recent editions of "Reducing the Impacts of Stormwater Runoff from New Development" (NYSDEC), "Stormwater Management Design Manual" (NYSDEC), Nassau County "Best Management Practices Manual for Erosion and Sediment Control," and New York "Guidelines for Urban Erosion and Sediment Control" and include:
(a) 
Temporary erosion and sediment control measures to be used during land clearing, land grading and the construction phases, including:
[1] 
Temporary structural and vegetative measures to be used to control erosion and sedimentation.
[2] 
Plans showing the location of temporary vegetative and structural erosion and sediment control measures.
[3] 
Dimensional details of proposed erosion and sediment control measures, identifying materials to be used in developing these measures with calculations used in siting and sizing sediment basins.
[4] 
Temporary erosion and sediment control measures to be converted to permanent stormwater management measures.
[5] 
An implementation schedule for the staging of temporary erosion and sediment control measures.
[6] 
Maintenance schedule for soil erosion and sediment control measures.
(b) 
Permanent erosion and sediment control improvements, including:
[1] 
Permanent structural and vegetative practices to be used to provide long-term control of erosion and sedimentation when construction activities are completed and the project site is restored.
[2] 
A plan showing the location of permanent erosion control improvements, including both structural and vegetative.
[3] 
An implementation schedule for restoring the project site with permanent erosion and sediment control improvements.
(c) 
An implementation schedule and maintenance, including:
[1] 
An implementation schedule for staging of all stormwater management improvements, coordinating the staging of erosion and sediment control facilities and construction activities.
[2] 
A description of the arrangements, including deed restrictions, if applicable, that will be made for ensuring long-term maintenance of stormwater management and erosion control improvements with contingency plans identifying responsible parties for performing maintenance and the frequency of maintenance.
A. 
The Village Building Inspector or his/her designee shall review the plan for compliance with the requirements of this chapter. The applicant shall, within 30 days of notification, correct any portion of the plan that does not comply. The Village Building Inspector or his/her designees may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction.
B. 
All stormwater management and erosion and sediment control permits will require adequate provision for inspection of the property. The applicant shall arrange with the Village Building Inspector or his/her designee for scheduling the following inspections:
(1) 
An initial inspection prior to plan approval.
(2) 
An erosion control inspection to ensure that erosion control practices are in accord with the approved plan.
(3) 
An inspection prior to backfilling any underground drainage or stormwater conveyance structures.
(4) 
A final inspection when all work, including construction of stormwater management facilities and permanent soil stabilization, has been completed.
C. 
The Village Building Inspector and/or his/her designee may also randomly conduct field inspections to ensure effective control of erosion and sedimentation during all phases of construction.
D. 
The applicant shall promptly correct any deficiencies identified as a result of those inspections and be subject to the provisions of § 507-12, Enforcement; penalties for offenses, of this chapter.
E. 
No building permit may be issued until a stormwater management and erosion and sediment control permit has been issued for those activities controlled under this chapter.
F. 
Activities that involve the disturbance of an area of one acre or more shall comply with any New York State Department of Environmental Conservation (DEC) requirements.
A. 
In order to ensure full and faithful completion of all construction activities related to compliance with all conditions of the approved stormwater management and erosion and sediment control plan, a cash deposit shall be required from the applicant prior to issuance of a permit. Said cash deposit shall be sufficient to cover the full cost, as estimated by the Village Building Inspector, of construction of all improvements specified in the stormwater management and erosion and sediment control plan and the permit. Such deposits shall be promptly refunded upon the completion of the project and the final inspection and approval by the Village Building Inspector or his/her designee.
B. 
Where stormwater management and erosion and sediment control facilities are to be operated and maintained by a developer/owner or responsible legal entity, the Village may require a maintenance bond or other surety prior to the issuance of a permit. Such maintenance bond or other surety, as approved by the Village Attorney, shall be sufficient to cover the costs, as estimated by the Village Building Inspector, of proper maintenance of the facilities for five years after completion of a final inspection in accordance with § 507-10, Plan review, approval and inspections, of this chapter. Subsequent to five years, the developer/owner or responsible legal entity shall file an affidavit with the Village Building Inspector attesting to maintenance in perpetuity.
It shall be the duty of the Village Building Inspector or his/her designee to enforce the provisions of this chapter in accordance with the following:
A. 
Issuance of a notice of violation and order to correct within a specified time. When the Village Building Inspector or his/her designee determines that development activity is not being carried out in accordance with the requirements of this chapter, he/she shall issue a written notice of violation and order to correct to the owner or agent of the property. The notice of violation and order to correct shall contain:
(1) 
The name and address of the owner or applicant.
(2) 
The street address 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 corrective actions necessary to bring the development activity into compliance with this chapter and the permit, and a time schedule necessary for completion of such corrective action.
B. 
In the event that correction is not completed within the time specified by the notice of violation and order to correct, a court appearance ticket shall be issued specifying the nature of the violation, corrective action necessary and a time schedule for completion.
C. 
Any notice of violation, order to correct and court appearance ticket shall be served upon the person(s) to whom it is directed either personally or by mailing a copy of the notice of violation by certified mail, return receipt requested, to such person at his or her last known address.
D. 
In an emergency situation, as determined by the Village Building Inspector, the Village may enter the premises and make necessary corrections utilizing a portion or all of the cash deposit required in § 507-11, Cash deposit or surety, of this chapter. The Village has the authority to assess the costs of the emergency correction in the same manner as real estate taxes.
E. 
Civil and criminal penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be punished by a fine of not less than $100 nor more than $250. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
A. 
All applications for a stormwater management and erosion and sediment control permit shall be accompanied by a fee, payable to the Village of Malverne, as established by resolution of the Village Board and identified in the Annual Village Fees and Charges Schedule.
B. 
Where deemed appropriate, the Planning Board may require establishment of an escrow account from which withdrawals shall be made to reimburse the Village for the costs of retaining qualified professionals to review plans and conduct inspections to ensure compliance with the requirements of the approved stormwater management and erosion and sediment control permit. The applicant shall be provided with copies of invoices for such professional inspections when they are available. After all pertinent charges have been paid, the Village shall refund to the applicant all remaining fund balances.
This chapter shall take effect September 1, 2004.