A.
Erosion and sediment control inspection. 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 stormwater
pollution prevention plan (SWPPP) as approved.
(1)
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:
(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)
Interruption of construction for more than five
consecutive days.
(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 required
corrective actions. No further work shall be conducted except for
site stabilization until violations are corrected and all work previously
completed has received approval by the Stormwater Management Officer.
B.
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 licensed professional engineer.
C.
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
that 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.
D.
Submission of reports. The Stormwater Management Officer
shall 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 Stormwater Management Officer shall have the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
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
Greenburgh in its approval of a 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
of Greenburgh 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 release shall not be available
until one year after the last to occur of: the date of final acceptance
or such other certification that the facility or facilities have been
constructed in accordance with the approved plans and specifications;
and the completed facilities have been inspected and found to be acceptable
to the Stormwater Management Officer. Per annum interest, if any,
on cash escrow deposits shall be reinvested in the account until the
surety is released from liability.
B.
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 of Greenburgh 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, upon written
notice to the developer or landowner, may draw upon the account to
cover the costs of proper operation and maintenance, including engineering
and inspection costs.
C.
Recordkeeping. The Town of Greenburgh may require
entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
A.
Notice of violation. When the Town of Greenburgh 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 deadline for their completion;
(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.
Suspension or revocation of permit. The Stormwater
Management Officer may suspend or revoke a permit and issue a stop-work
order upon a finding that the applicant has not complied with any
or all of the terms of such permit, has exceeded the authority granted
in the permit, has failed to undertake the project in the manner set
forth in the approved application or has provided information in whole
or in part which subsequently proves to be false, deceptive, incomplete
or inaccurate. 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 Stormwater Management Officer 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 $500 or imprisonment for a period not to exceed
six months, or both for conviction for a first offense; for conviction
for a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $500 nor more
than $1,000 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 $1,000 nor more than $2,000 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 day's continued violation shall constitute
a separate violation.
E.
Withholding a certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Stormwater Management Officer may prohibit 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 Greenburgh 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 be required to pay reasonable fees
established by resolution of the Town Board on a fee schedule for
related services performed by the Town; pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed
by the Town or a third party for the Town; and place $5,000 in escrow
to cover such review, inspection and maintenance costs, unless the
Town Engineer or her/his designee determines a lesser amount is sufficient.
If an escrow account is required and becomes depleted, it shall be
fully replenished prior to any additional work being performed by
the Town or a third party for the Town. Any unused escrow shall be
returned within 60 days of proof of compliance with this chapter.
