A.
Erosion and sediment control inspection.
(1)
The Stormwater Management Officer may require such
inspections as he deems 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, and/or as otherwise
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 all 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. 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. 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;
inspections 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.
D.
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.
E.
Right of entry for inspection. To the maximum extent permitted by law, 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 Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B of 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 Village
in its approval of the SWPPP, the Village may require the applicant
or developer to provide, prior to construction, a performance bond,
cash escrow, or irrevocable letter of credit, in its discretion, from
an appropriate financial or surety institution which guarantees satisfactory
completion of the project and names the Village as the beneficiary.
The security shall be in an amount to be determined by Village 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 Village, 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 Village. Per-annum interest
on cash escrow deposits, if any, 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 Village with a cash escrow, a maintenance
bond, or 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 Village may draw upon the escrow, bond, or account,
from time to time, to cover the costs of proper operation and maintenance,
including engineering and inspection costs. To the extent that such
escrow, bond, or letter of credit, because of such draw, is no longer
sufficient to ensure the proper operation and maintenance of the facilities,
the Village may require an additional escrow, bond, or letter of credit.
C.
Recordkeeping. The Village may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
The Village 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 stormwater
management practice maintenance performed by the Village or performed
by a third party for the Village in accordance with such resolutions
as may be adopted from time to time by the Board of Trustees.
A.
Notice of violation. When the Stormwater Management
Officer, his designee, or other designee of the Board of Trustees
determines that a land development activity is not being carried out
in accordance with the requirements of this chapter, he 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 Board of Trustees by filing a written notice of
appeal within 15 days of service of notice of violation.
B.
Stop-work orders. The Village Clerk, Building Inspector,
Village Engineer, or other designee of the Board of Trustees 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
Village 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. Violations of this chapter shall
be deemed misdemeanors. Each week's continued violation shall constitute
a separate additional violation, provided a separate accusatory instrument
is served.
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 prohibit the
occupancy of said building or land.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition or to such other condition
as shall best protect the property and the adjacent properties from
the problems of erosion and sediment deposits off the land that may
be required by virtue of the actions of the violator, all in the discretion
of the Stormwater Management Officer. In the event that restoration
is not undertaken within a reasonable time after notice, the Stormwater
Management Officer may either:
(1)
Direct that the remediation and/or restoration work
be performed with Village personnel and/or third-party contractors
and the cost thereof shall constitute a lien, charge, and levy upon
the real property whereupon the violation exists until it is paid
or otherwise satisfied or discharged and shall be collected by the
Village Treasurer. Such charge shall include, among other things,
administrative, legal, engineering, and all other actual fees and
expenses incurred by the Village, and shall be collected in the same
manner provided by law for the collection of delinquent taxes; or
(2)
Seek a court order to take any and all measures reasonably
necessary to abate the violation and/or restore the property, at the
cost and expense, including those of the litigation and the fees of
witnesses and attorneys, of the violator.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this chapter is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state, or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.