Town of East Fishkill, NY Article V Administration and Enforcement

§ 157-10 Construction inspection.

A. Erosion and sediment control inspection.

(1) The Town of East Fishkill 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 Town of East Fishkill enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:

(a) Start of construction;

(b) Installation of sediment and erosion control measures;

(c) Completion of site clearing;

(d) Completion of rough grading;

(e) Completion of final grading;

(f) Close of the construction season;

(g) Completion of final landscaping;

(h) Successful establishment of landscaping in public areas.

(2) 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.

B. Stormwater management practice inspections. The Town of East Fishkill 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.

C. Inspection of stormwater facilities after project completion.

(1) 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.

(2) 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.

D. Submission of reports. The Town of East Fishkill Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.

E. 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 East Fishkill the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.

§ 157-11 Performance guarantee; maintenance guarantee; recordkeeping.

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 East Fishkill in its approval of the stormwater pollution prevention plan, the Town of East Fishkill 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 East Fishkill as the beneficiary. The security shall be in an amount to be determined by the approving authority 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 East Fishkill, 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 Town of East Fishkill. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

B. Maintenance guarantee.

(1) 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 of East Fishkill 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 of East Fishkill may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

(2) Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the Town of East Fishkill after the Town has approved all construction, the developer shall provide the Town of East Fishkill with either cash, or an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation of all stormwater management and erosion facilities for a period of not less than two years after the Town assumes ownership of the said facilities.

C. Recordkeeping. The Town of East Fishkill may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.

§ 157-12 Enforcement; penalties for offenses.

A. Notice of violation. When the Town of East Fishkill 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 East Fishkill 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 East Fishkill 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 for offenses.

(1) Any person who violates, disobeys or disregards any provision of this chapter shall be punishable by a fine not to exceed $500 or up to 15 days in jail or by a civil penalty not to exceed $3,000 for every such violation. Each week's continuation of a condition violating this chapter shall be deemed a separate violation.

(2) In addition to the above penalties, the Town Board or the Building Inspector or the Zoning Administrator, with advice and consent of the Town Attorney, shall have the right to seek equitable relief to restrain and/or remedy any violation of any provisions of this chapter.

(3) The Building Inspector or the Zoning Administrator shall have the power to direct a violator to cease violation of this chapter and, with the consultation of the Conservation Advisory Council, satisfactorily restore the affected wetland, water body or watercourse to its condition prior to the violation, insofar as that is possible, within a reasonable time. The exercise of such power may be with or without the imposition of a fine or civil penalty under Subsection D(1) hereof.

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 East Fishkill may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

§ 157-13 Fees for services.

The Town of East Fishkill 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 of East Fishkill or performed by a third party for the Town of East Fishkill.