A.Â
Erosion and sediment control inspection.
(1)Â
The Village of Greenport Stormwater Management Officer (SMO) may
require such inspections as necessary to determine compliance with
this chapter 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 chapter and the stormwater pollution prevention
plan (SWPPP) as approved. To obtain inspections, the applicant shall
notify the Village of Greenport enforcement official at least 48 hours
before any of the following as required by the SMO:
(a)Â
Start of construction.
(b)Â
Installation of sediment and erosion control measures.
(c)Â
Completion of site clearing.
(d)Â
Completion of rough grading.
(e)Â
Completion of final grading.
(f)Â
Close of the construction season.
(g)Â
Completion of final landscaping.
(h)Â
Successful establishment of landscaping in public areas.
(2)Â
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 SMO.
B.Â
Stormwater management practice inspections. The Village of Greenport
SMO is responsible for conducting inspections of stormwater management
practices (SMPs). All applicants are required to submit "as-built"
plans for any SMPs 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.Â
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 SMPs.
D.Â
Submission of reports. The Village of Greenport SMO may require monitoring
and reporting from entities subject to this chapter as are necessary
to determine compliance with this chapter.
E.Â
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 Village of Greenport the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 114-19C.
A.Â
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 Greenport
in its approval of the SWPPP, the Village of Greenport 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 Village of Greenport as the beneficiary.
The security shall be in an amount to be determined by the Village
of Greenport 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 Greenport, 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 Greenport. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
B.Â
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 Village of Greenport 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 Village of Greenport
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.Â
Recordkeeping. The Village of Greenport may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.Â
Notice of violation. When the Village of Greenport determines that
a land development activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)Â
The name and address of the landowner, developer or applicant.
(2)Â
The address, when available, or a description of the building, structure
or land upon which the violation is occurring.
(3)Â
A statement specifying the nature of the violation.
(4)Â
A description of the remedial measures necessary to bring the land
development activity into compliance with this chapter and a time
schedule for the completion of such remedial action.
(5)Â
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)Â
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.Â
Stops-work orders. The Village of Greenport may issue a stop-work
order for violations of this chapter.
C.Â
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 Village of Greenport 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 chapter.
D.Â
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
E.Â
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 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 chapter
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.
F.Â
Certificate of occupancy. If any building or land development activity
is installed or conducted in violation of this chapter, the SMO may
prevent the occupancy of said building or land.
G.Â
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 Village of Greenport
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The Village of Greenport may require any person undertaking
land development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Village of Greenport or performed by
a third party for the Village of Greenport.
A.Â
Severability. The provisions of this chapter are hereby declared
to be severable, and if any section, clause, sentence, paragraph or
phase of this chapter or the application thereof to any person, establishment,
or circumstances shall be held invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, clauses,
sentences, paragraphs or phases of this chapter, but they shall remain
in effect, it being the legislative intent that this chapter and application
of this chapter shall stand, not withstanding the invalidity of any
part.
B.Â
Effective date. This chapter shall take effect immediately upon filing
in the office of the Secretary of State in accordance with § 27
of the Municipal Home Rule Law.