Town of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fort Edward 6-12-2006 by L.L. No. 4-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 54.
Hazardous wastes — See Ch. 62.
Mobile homes — See Ch. 71.
Site plan review — See Ch. 81.
Subdivision of land — See Ch. 87.
Zoning — See Ch. 108.
056a Schedule A

§ 56-1 Findings.

It is hereby determined that:
A. 
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition.
B. 
This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species.
C. 
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat.
D. 
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing soil erosion and sedimentation.
E. 
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow.
F. 
Substantial economic losses can result from these adverse impacts on the waters of the municipality.
G. 
Stormwater runoff, soil erosion and non-point source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities and resulting disturbed areas.
H. 
The regulation of stormwater runoff discharges from land development activities controls and minimizes increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and non-point source pollution associated with stormwater runoff and is in the public interest as it will minimize threats to public health and safety.
I. 
Regulation of land development and other land-disturbing activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

§ 56-2 Purpose and objectives.

The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the residents of the Town. This chapter seeks to achieve the following objectives:
A. 
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as amended or revised.
B. 
Require land development and disturbance activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01 or as amended or revised.
C. 
Minimize increases in stormwater runoff from land development and disturbance activities in order to reduce flooding, siltation, increases in stream temperature, and soil erosion and maintain the integrity of stream channels.
D. 
Minimize increases in pollution caused by stormwater runoff from land development and disturbance activities which would otherwise degrade local water quality.
E. 
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable.
F. 
Reduce stormwater runoff rates and volumes, soil erosion and non-point source pollution, wherever possible, through stormwater management practices and ensure that these management practices are properly maintained and eliminate threats to public safety.

§ 56-3 Definitions.

The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meaning as set forth in this section.
AGRICULTURAL ACTIVITY
All usual and customary practices and activities of, and relating to, the growing and harvesting of crops (including plants, fruits, vegetables, trees, turf, grass, hay and animal feed plants) and the raising of horses, milk cows, cattle, pigs, or other livestock and poultry, as well as game animals, fur-bearing animals or fish, and also including the practices of horticulture, apiculture and aquaculture. Such usual and customary practices and activities include but shall not be limited to: plowing, tilling, cultivating, harrowing, hoeing, planting, fertilizing, irrigating and harvesting of crops, and the application of pesticides, herbicides, insecticides and other farm chemical products in accordance with applicable laws and regulations. Such usual and customary practices shall also include, but not be limited to, grazing, feeding and watering of livestock and/or poultry, game animals, fur-bearing animals or fish. Agricultural activity shall include the incidental provision of trail rides on horses, ponies or mules, as well as hayrides and creation and operation of "corn mazes," but shall not include the operation of a dude ranch (a farm or ranch which accepts paying guests who stay overnight and are allowed to participate in the activities of operating the farm or ranch) or similar lodging operation, or amusement park or any similar operation, or the construction of new structures associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
BUILDING
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
DISTURBED AREA
All areas where vegetation is or will be removed and soil is or will be exposed due to clearing, grading or excavation during construction and/or other development activities. When calculating the total amount of disturbed area on a contiguous site where multiple, separate and distinct construction or development activities would be occurring, the applicant must take a total of the disturbed area from all of the distinct activities. For projects where construction activity will be phased, the applicant must consider the total of land area(s) that will ultimately be disturbed when calculating the amount of disturbed area.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control Manual, commonly known as the "Blue Book."
GRADING
Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
NON-POINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species, and other similar habitats and areas.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices (erosion control measures) that prevent exposed soil from becoming detached and being transported to receiving waters.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Surface runoff and drainage, produced by precipitation and snowmelt.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff and reducing pollutant transport.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or non-point source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation or snowmelt.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water during a significant portion of the year.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain during periods of significant precipitation and/or stormwater runoff.

§ 56-4 Applicability; review.

A. 
This chapter shall be applicable to all land development activities as defined in § 56-3 except as provided in § 56-5.
B. 
All stormwater pollution prevention plans (SWPPPs) relating to land development activities subject to review and approval by the Town Board, Planning Board or Zoning Board of Appeals under subdivision, site plan, special permit or any other laws, rules or regulations shall be reviewed by the appropriate Board subject to the standards contained in this chapter.
C. 
All SWPPPs relating to land development activities not subject to review as stated in Subsection B shall be submitted to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this chapter.
D. 
The reviewing board or the Stormwater Management Officer, as the case may be, may:
(1) 
Review the SWPPP;
(2) 
Engage the services of a registered professional engineer to review the SWPPP, specifications and related documents at a cost not to exceed the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule; or
(3) 
Accept the certification of a licensed professional that the SWPPP conforms to the requirements of this chapter.

§ 56-5 Exemptions.

The following activities shall be exempt from review under this chapter:
A. 
Agricultural activity as defined in this chapter.
B. 
Silvicultural activity, except that landing areas and log haul roads are subject to this chapter.
C. 
Routine maintenance activities that disturb fewer than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
D. 
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
E. 
Any part of a subdivision if a plat for the subdivision has been approved by the Planning Board on or before the effective date of this chapter.
F. 
Land development activities for which a building permit has been approved on or before the effective date of this chapter.
G. 
Cemetery graves.
H. 
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
I. 
Emergency activity immediately necessary to protect life, property or natural resources.
J. 
Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.
K. 
Landscaping and horticultural activities in connection with an existing structure.

§ 56-6 Stormwater pollution prevention plans.

A. 
Stormwater pollution prevention plan required. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter.
B. 
Contents of stormwater pollution prevention plans.
(1) 
Requirements for all land development activities, except those identified in § 56-5. All SWPPPs shall provide the following background information and erosion and sediment controls:
(a) 
Background information about the scope of the project, including location, type and size of project.
(b) 
Site map/construction drawing(s) for the project at a scale no smaller than one inch equals 100 feet and a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s);
(c) 
Description of the soil(s) present at the site;
(d) 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
(e) 
Description of the pollution prevention measures that will be used to prevent litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
(f) 
Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
(g) 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;
(h) 
Site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
(i) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
(j) 
Temporary practices that will be converted to permanent control measures;
(k) 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
(l) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
(m) 
Name(s) of the receiving water(s);
(n) 
Delineation of SWPPP implementation responsibilities for each part of the site;
(o) 
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
(p) 
Any existing data that describes the stormwater runoff at the site.
(2) 
Additional requirements for certain land development activities. Land development activities as defined in § 56-3 and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth below as applicable:
(a) 
Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(b) 
Condition B: stormwater runoff from land development activities disturbing five or more acres.
(c) 
Condition C: stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(3) 
SWPPP requirements for Conditions A, B and C:
(a) 
All information in Subsection B(1) above.
(b) 
Description of each post-construction stormwater management practice.
(c) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.
(d) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
(e) 
Comparison of post-development stormwater runoff conditions with pre-development conditions.
(f) 
Dimensions, material specifications and installation details for each post-construction stormwater management practice.
(g) 
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.
(h) 
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.
(i) 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 56-8 of this chapter.
C. 
Plan certification. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this chapter.
D. 
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
E. 
Contractor certification.
(1) 
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(2) 
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(3) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
F. 
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

§ 56-7 Performance and design criteria.

All land development activities shall be subject to the following performance and design criteria:
A. 
Technical standards. For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter:
(1) 
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
(2) 
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
B. 
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

§ 56-8 Maintenance and repair of stormwater facilities.

A. 
Maintenance during construction.
(1) 
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2) 
The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site log book.
B. 
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the Washington County Clerk after approval by the counsel for the Town.
C. 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall be operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
(1) 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.
(2) 
Written procedures for operation and maintenance and training new maintenance personnel.
(3) 
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with this chapter.
D. 
Maintenance agreements. The Town shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Washington County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Schedule B is on file in the Town offices.

§ 56-9 Administration and enforcement.

A. 
Inspections.
(1) 
Erosion and sediment control inspection.
(a) 
The Stormwater Management Officer 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 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:
[1] 
Start of construction.
[2] 
Installation of sediment and erosion control measures.
[3] 
Completion of site clearing.
[4] 
Completion of rough grading.
[5] 
Completion of final grading.
[6] 
Close of the construction season.
[7] 
Completion of final landscaping.
[8] 
Successful establishment of landscaping in public areas.
(b) 
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.
(2) 
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.
(3) 
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.
(4) 
Submission of reports. The Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
(5) 
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 storm water system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection A.
B. 
Performance guarantee.
(1) 
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 in its approval of the Stormwater Pollution Prevention Plan, the Town 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 as the beneficiary. The security shall be in an amount to be determined by the Town 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, 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) has 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. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
(2) 
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 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 may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
(3) 
Recordkeeping. The Town may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.

§ 56-10 Enforcement; penalties for offenses.

A. 
Notice of violation. When the Stormwater Management Officer 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) 
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 chapter 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 may issue a stop-work order for violations of this chapter. 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 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.
C. 
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.
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 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.
E. 
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the Stormwater Management 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 may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

§ 56-11 Fees for services.

The Town 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 Town or performed by a third party for the Town.