[Adopted 4-9-1990 by L.L. No. 1-1990]
A. 
Any recharge basin owned and/or operated or maintained by the Town of Huntington shall be and are hereby designated as water recharge protection areas.
B. 
A "recharge basin" shall mean an excavated area, including the area immediately adjacent, located within the Town of Huntington which is designed to collect and/or hold stormwater runoff and certain other waters for the purpose of recharging collected water back to the groundwater system and which is generally associated with plat developments, roadways, parking lots or paved or otherwise altered areas.
A. 
All water recharge protection areas shall be conspicuously identified with signs containing the following information:
(1) 
Designation of the site as a water recharge protection area.
(2) 
Statement of the site's function and importance in groundwater recharge.
(3) 
Prohibition against the dumping of any material within the water recharge protection area.
(4) 
Telephone number for the reporting of violations.
(5) 
Penalties for violation which may be imposed pursuant to this Article.
B. 
Fencing.
(1) 
Durable fencing of appropriate dimensions shall be installed where required to secure water recharge protection areas. Excavated, depressed recharge areas such as highway medians shall be fenced only if required and if safety considerations so permit.
(2) 
Fencing shall be inspected annually.
(3) 
All gates shall be inspected annually.
(4) 
Maintenance, repair or replacement of damaged or severely deteriorated fencing or gates shall be conducted in the normal course of business with priority given to dangerous or hazardous conditions.
C. 
Plantings and natural growth.
(1) 
Plantings and natural growth within and surrounding the confines of water recharge protection areas shall be inspected annually.
(2) 
Plantings and natural growth shall be maintained to prevent interference with gate areas, damage to fencing or interference with the groundwater recharge process or drainage functions intended for the water recharge protection area.
D. 
Water recharge and leaching functions. Water recharge protection areas shall be maintained to assure effective leaching due to water runoff. Silt and other materials shall be removed during the normal course of business to promote effective functioning of water recharge protection areas.
E. 
Trash and garbage. Trash and garbage, accumulated or illegally deposited shall be removed.
A. 
No person shall throw, dump, deposit, place or cause to be thrown, dumped, deposited or placed in or upon any water recharge protection area any refuse, trash, garbage, debris, rubbish or litter.
B. 
No person shall cause, permit or suffer any accumulation of sand, gravel, cinders, topsoil, mud, earth or other material in or upon a water recharge protection area without first obtaining the written consent of the Superintendent of Highways.
C. 
No person shall cause, permit or suffer the storage of any vehicles, trucks, trailers, machinery, construction equipment or any other material in or upon a water recharge protection area without first obtaining the written consent of the Superintendent of Highways.
D. 
No person shall damage, disturb or otherwise tamper with or cause to be damaged, disturbed or otherwise tampered with any fencing, planting or leaching functions in or upon any water recharge protection area without first obtaining the written consent of the Superintendent of Highways.
[Amended 11-6-2019 by L.L. No. 56-2019; 9-14-2021 by L.L. No. 50-2021]
(A) 
In addition to any other action that may be taken against anyone violating this Article, and in addition to the penalty that may be imposed for an offense against the Penal Law, any person committing an offense against Subsection A or B of § 171-9 shall be guilty of an offense punishable by a fine of not less than five hundred ($500) dollars nor more than one thousand five hundred ($1,500) dollars or imprisonment for a period not exceeding six months, or punishable by both fine and imprisonment, for the first such offense and, for any subsequent offenses committed within five (5) years of the first offense, by a fine of not less than one thousand ($1,000) dollars nor more than two thousand five hundred ($2,500) dollars or imprisonment for a period not exceeding one year, or by both fine and imprisonment; and shall be required to make restitution for the cost of removal and cleanup associated with the violation of § 171-9. Each day such violation is permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Any person or entity found by the Bureau of Administrative Adjudication to have violated the provisions of Subsection (A) or (B) of § 171-9 shall likewise be subject to a monetary penalty within the range of fines authorized herein for a first offense, subsequent offenses and continuing offenses, respectively. The town attorney may also bring an action or proceeding in the name of the town in a court of competent jurisdiction to enjoin the violation and to recover the costs incurred by the town for cleaning up or otherwise remedying conditions brought about by the violation of this Article.
(B) 
In addition to any other action that may be taken against anyone violating this Article, and in addition to the penalty that may be imposed for an offense by the Penal Law, any person committing an offense against Subsection C or D of § 171-9 shall be guilty of an offense punishable by a fine of not less than two hundred fifty ($250) dollars nor more than one thousand ($1,000) dollars or imprisonment for a period not exceeding 15 days, or both fine and imprisonment, for the first such offense, and for any subsequent offenses committed within five (5) years of the first offense, by a fine of not less than five hundred ($500) dollars nor more than two thousand ($2,000) dollars or imprisonment for a period not exceeding 15 days, or by both fine and imprisonment; and shall be required to make restitution for the cost of removal and cleanup associated with the violation of § 171-9. Each day such violation is permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Any person or entity found by the Bureau of Administrative Adjudication to have violated the provisions of Subsection C or D of § 171-9 shall likewise be subject to a monetary penalty within the range of fines authorized herein for a first offense, subsequent offenses and continuing offenses, respectively. The town attorney may also bring an action or proceeding in the name of the town in a court of competent jurisdiction to enjoin the violation and to recover the costs incurred by the town for cleaning up or otherwise remedying conditions brought about by the violation of this Article.