A.
Erosion and sediment control inspection. The Town
of Geddes 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 stormwater pollution prevention plan (SWPPP) as approved.
To obtain inspections, the applicant shall notify the Town of Geddes
enforcement official 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.
C.
Stormwater management practice inspections. The Town
of Geddes 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.
D.
Inspection of stormwater facilities after project
completion.
(1)
Inspection programs shall be established on any reasonable
basis, including but not limited to:
(a)
Routine inspections;
(b)
Random inspections;
(c)
Inspections based upon complaints or other notice
of possible violations;
(d)
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
(e)
Joint inspections with other agencies inspecting
under environmental or safety laws.
(2)
Inspections may include, but are not limited to:
E.
Submission of reports. The Town of Geddes Stormwater
Management Officer may require monitoring and reporting from entities
subject to this chapter as are necessary to determine compliance with
this chapter.
F.
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 Geddes the right
to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection as specified in this section.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Town of
Geddes in its approval of the stormwater pollution prevention plan,
the Town of Geddes may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow, or irrevocable
letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names
the Town of Geddes as the beneficiary. The security shall be in an
amount to be determined by the Town of Geddes based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Town of Geddes, 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 (have) been
constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the facilities
have been found to be acceptable to the Town of Geddes. Per annum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
B.
Maintenance guarantee.
[Amended 8-9-2011 by L.L. No. 2-2011; 9-13-2011 by L.L. No.
3-2011]
(1)
Where
stormwater management and erosion and sediment control facilities
are to be operated and maintained by the developer or by an entity
that owns or manages a commercial or industrial facility, the developer
or entity, prior to construction, may be required to provide the Town
of Geddes 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 entity landowner fails to properly
operate and maintain stormwater management and erosion and sediment
control facilities, the Town of Geddes may draw upon the account to
cover the costs of proper operation and maintenance, including engineering
and inspection costs.
(2)
In
addition to or in lieu of the foregoing, where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by an entity that owns or manages a
commercial or industrial facility, the developer or entity landowner,
prior to construction, may be required to enter into an agreement
with the Town of Geddes setting forth maintenance and operation requirements
for said stormwater management and erosion and sediment control facility
and enforcement alternatives, in a form acceptable to the Town. If
said stormwater management and erosion and sediment control facilities
are not properly operated and maintained in accordance with said agreement
or approved plans, the Town shall give the developer and/or entity
landowner 30 days' written notice to comply with the operation and
maintenance provisions of the said agreement or approved plans. If
the developer and/or entity landowner shall fail to so comply with
the operation and maintenance provisions of the said agreement or
approved plans within said thirty-day period, the Town may take such
remedial steps as are necessary to bring said facility into compliance
with the said operation and maintenance requirements of said agreement
or approved plans and the cost of such remedial measures shall be
assessed as a lien on the property and shall be charged to the landowner's
tax bill.
The Town of Geddes shall require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the Town of Geddes 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 of Geddes 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 of Geddes
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
of Geddes may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
Any person undertaking land development activities
regulated by this chapter shall reimburse the Town for all expenses
and costs associated with compliance with these requirements, including,
but not limited to, engineering and legal expenses.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this chapter 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 chapter.
